Case Details

Citation(s)
2014 SLG 1389 2014 SLD 1389 2014 YLR 381
Peshawar High Court
Civil Revision No.88-D of 2013, decision dated: 31st July, 2013
LAL, JAN KHATTAK, J

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MUHAMMAD YAMEEN-

VS

DISTRICT EXECUTIVE OFFICER SCHOOLS AND LITERACY, D.I. KHAN

Law:

Section:

Limitation Act (IX of 1908)----S. 5---Limitation---Condonation of delay---Principles---Dismissal of appeal being time barred---Condonation of delay on account of illness of appellant---Scope---Appellant had averred that he was unable to file appeal within time as he was hospitalized due to illness---Validity---In order to prove illness, the petitioner had not annexed any document showing that either he was ill or was admitted at hospital for his medical treatment---Mere bald and oral statement that the petitioner could not prefer appeal within time due to his indisposition could not be a sufficient ground to condone the delay caused in filing the appeal---In order to seek condonation of delay caused in filing of a lis, litigant must explain the delay of each and every day which the petitioner had not so explained---Revision petition was dismissed. JUDGMENT LAL JAN KHATTAK, J.---This civil revision petition under section 115, C.P.C. is directed against the judgment and decree dated 25-2-2013 of the learned Additional District Judge-V, D.I.Khan whereby appeal of the petitioner against the judgment and decree dated 22-11-2012 of the learned Civil Judge-VI, D.I.Khan, was dismissed. 2. Facts engendering to this civil revision petition are that the respondent-plaintiff filed a suit against the petitioner-defendant for the recovery of:-- (a) Rs.58,500 outstanding rent of Shop No.16 situated in Paroa Adda from 1-6-2001 to October, 2007, February 2008 to February 2009 at the rate of Rs.650 per month, (b) Rs.25,000 with the following breakup:- * Counsel fee Rs.10,000 * Cost of suit Rs.5,000 * Official expenses Rs.10,000 Total Rs.83,500 3. Petitioner appeared in consequence of the summon issued to him and contested the suit by refuting the claim of the respondent. The learned trial Court after framing necessary issues directed the parties to the suit to produce their respective evidence which they did whereafter the learned trial Court vide its judgment dated 22-11-2012 decreed the suit only to the extent of prayer-A of the plaint for Rs.58,500 while rest of the claim was declined. 4. The appellant preferred an appeal against the aforesaid judgment and decree of the…
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