Law:

Section:

(a) Limitation Act (IX of 1908)--- ----S. 5---Appeal---Condonation of delay---Sufficient cause---Scope---Court might condone delay if sufficient cause was shown for not filing appeal in time---Application for condonation of delay, in the present case, did not specify as to whether appellant was diligent in filing the case before Supreme Court and it was done so under a bona fide mistake---No direction had been issued by the Supreme Court to file appeal before High Court---No sufficient cause existed which prevented the appellant in filing appeal within time---Case for condonation of delay had not been made out in circumstances---Application for condonation of delay was dismissed with the result that appeal was dismissed being barred by limitation. Haji Abdul Wahid v. Syed Siraj-ud-Din 1998 SCMR 2296; Sherin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584 and Ayub Ali Rana v. Dr. Carlite Pune PLD 2002 SC 630 ref. Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102; Syed Sibtain Raza Naqvi v. Hydrocarbon Development 2012 SCMR 377; Masood Ahmed v. UBL 1992 SCMR 424; M/s Nida-e-Millat v. Commissioner Income Tax 2008 SCMR 284 and Rehmat Din and others v. Mirza Nasir Abbas and others 2007 SCMR 1560 rel. (b) Limitation Act (IX of 1908)--- ----S. 14---Exclusion of time of proceeding bona fide in court without jurisdiction---Scope---Section 14 of Limitation Act, 1908 was not applicable in case of appeal and was attracted in the case of suits. JUDGMENT AAMER FAROOQ, J.--- The present appeal is directed against order dated 3-7-2013 passed by this Court in Civil Suit No.36/2012 whereby the objections filed by the appellant against 'Award' rendered by the Arbitrator were dismissed and the same was made Rule of the Court. 2. The appellant awarded two contracts to respondents for widening and improvement of National Highway N-20 between Quetta to Kalat and Quetta to Chamman (known as ICB-2 and ICB-4 respectively). In this behalf the agreement for ICB-2 was signed on 6-5-2006 and the comple+tion date was 23-11-2008. Similarly, the agreement for ICB-4 was signed on 6-2-2006 and the completion date was 16-9-2008. Dispute arose between the parties and the respondents invoked…

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