Law:

Section:

Civil Procedure Code (V of 1908)--- --------O. XLI, Rr.17, 19 & S.151---Limitation Act (IX of 1908), Art.168---Dismissal of appeal for non-prosecution and lack of interest of appellant---Re-admission of appeal---Limitation---Invocation of S.151, C.P.C.---Scope---Re-admission of appeal was governed by O.XLI, R.19, C.P.C., and the limitation for re-admission fell under Art.168 of Limitation Act, 1908, which stipulated the period of thirty days---If appeal was dismissed under O.XLI, R.17(1), C.P.C., for default of appellant and application under R.19 of O.XLI, C.P.C., was not filed within the period prescribed by Art.168 of Limitation Act, 1908, inherent power under S.151, C.P.C., could not be invoked without sufficient cause and justifiable reason, particularly in an application which was barred by time---Application for re-admission of appeal, in the present case, was filed by the appellant with the delay of about fourteen months---Appellant had not been pursuing the remedy diligently, as no immediate steps were taken by the appellant for getting the appeal re-admitted, after obtaining the certified copy of dismissal order---Limitation, would create right in favour of the other side; law always favoured those who were vigilant and not those who were negligent in pursuing their remedy---No exception could be taken against the order of dismissal of appeal; application for re-admission of the appeal was dismissed being without any substance. Khushi Muhammad v. Member Board of Revenue 2008 SCMR 358; Nowsheri Khan v. Saeed Ahmed Shah 1983 SCMR 1092 and Sindh Industrial Trading Estate v. West Pakistan Water and Power Development Authority PLD 1991 SC 250 ref. Sindh Sugar Corporation Ltd. v. Messrs Maqbool Associates. Karachi 2008 SCMR 47 and Worldcall Telecom Ltd. v. Pakistan Telecommunication Authority 2011 SCMR 959 rel. THIS ORDER PASSED BY: MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:------------------ The appellant in Regular First Appeal No.(s) 08 of 2009 has filed this Civil Miscellaneous Application has been filed under Order XLI, Rule 19 read with Section 151 of the Code of Civil Procedure ("C.P.C.") for re-admission of appeal, which was dismissed for…

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