Law:

Section:

(a) Specific Relief Act (I of 1877)--- ---S. 54---Civil Procedure Code (V of 1908), O. XVII, R. 3---Limitation Act (IX of 1908), Art. 152 & S. 5---Suit for permanent injunction---Appeal---Limitation---Condonation of delay---Scope---Contention of defendants was that no reasonable opportunity was granted to them to cross-examine the witnesses of plaintiff and produce their own evidence and neither the defendants nor their counsel appeared before the Trial Court but their attendance was wrongly marked---Suit was decreed concurrently---Validity--Counsel for the defendants had been marked present at the time of addressing of arguments as well as passing of the decree by the Trial Court---No affidavit was filed with the appeal to indicate that counsel for the defendants was not present when impugned and decree was passed---Appeal filed before the Appellate Court was barred by limitation which was dismissed by the said court on the ground of limitation---Case was pending before the Trial Court for a considerable period of time and defendants were bound to be in touch with their counsel to know the progress of the same---Parties would be bound by acts and omissions of their counsel---Lack of communication and coordination between the client and his counsel could not be construed as sufficient cause for condoning the period of limitation---No material irregularity was pointed out in exercise of jurisdiction by the first Appellate Court---Revision was dismissed in circumstances. M. Asif Ali Khan v. Ghulam Shabbir 2010 YLR 507; Hassan Abbas v. 1st Additional District and Sessions Judge 2014 YLR 2042; 2013 CLC 254; 2014 PLC (CS) 12; 1998 MLD 416 and 2013 YLR 375 ref. M. Asif Ali Khan v. Ghulam Shabbir 2010 YLR 507; Hassan Abbas v. 1st Additional District and Sessions Judge 2014 YLR 2042 distinguished. 2013 CLC 254; 2013 YLR 375 and Muhammad Nawaz and 3 others v. Mst. Sakina Bibi and 3 others 1974 SCMR 223 rel. (b) Limitation Act (IX of 1908)--- ----Art.152---Appeal before District Court---Limitation---Period of limitation prescribed for filing of appeal before the District Court was 30 days. (c) Civil Procedure Code (V of 1908)---…

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