Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 96---Limitation Act (IX of 1908), Art.156---Appeal---Limitation---Appeal had been filed after a delay of 264 days while the stipulated period of limitation of ninety days (90) had been mentioned in Art.156 of the Limitation Act, 1908---Appeal being time-barred was dismissed in limine. (b) Limitation Act (IX of 1908)--- ----Preamble---Object and scope of Limitation Act, 1908---Law of limitation could not be considered merely a formality but the same was required to be observed and taken into consideration being mandatory in nature---Purpose of law of limitation was to help the vigilant and not the indolent---Helping hand might not be extended to a litigant having gone into deep slumber, on having become forgetful of his rights. Shakeel Ahmad for Appellant. ORDER SHAH JEHAN KHAN AKHUNDZADA, J.--- The instant Regular First Appeal has been directed against the judgment and decree dated 22-2-2012 passed by the learned Civil Judge-VI, Swabi whereby he dismissed the suit filed by the appellant/plaintiff against the respondents/ defendants. 2. Brief facts of the case are that Messrs Karam CNG Station Jehangira appellant/plaintiff brought a suit against respondents/ defendants for a declaration and permanent injunction to the effect that the appellant/plaintiff is consumer of Sui Gas Company and availing Sui Gas connection under Gas Meter No.40997830001 and DR No.00843920 and it was averred in the plaint that Sui Gas Bill for the month of May, 2012 amounting to Rs.4833260 was not prepared according to the consumed units; that the appellant/plaintiff was depositing gas bill regularly and had never remained defaulter. 3. The suit was contested by the respondents/defendants by filing written statement. After framing issues, recording pro and contra evidence and hearing the learned counsel for the parties the learned Civil Judge-V1, Swabi dismissed the suit of the appellant/plaintiff vide his judgment and decree dated 22-2-2012. Hence the instant…

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