Law:

Section:

Specific Relief Act (I of 1877)--------- ----------S. 12---------Civil Procedure Code (V of 1908), O.XLI, R.1---------Limitation Act (IX of 1908), S. 5---------Law Reforms Ordinance (XII of 1972), S.3---------High Court appeal---------Specific performance of agreement to sell---------Filing of certified copy of and decree with a delay of 4 years by defendant---------Condonation of delay---------Scope---------Trial Court decreed the suit in favour of plaintiff---------Certified copy of and decree passed by Trial Court was filed by defendant with a delay of almost 4 years---------Validity---------Mere filing of memorandum of appeal within a period of limitation was of no consequence, unless a certified copy of decree was filed before the period of limitation was expired---------Appellate Court vested with discretion under the provisions of O.XLI, R. 1, C.P.C. to dispense with filing of certified copy of --------- Defendant after filing appeal on 26-8-2006, applied for certified copy of and decree on 26-6-2010 and filed the same in Court on 2-7-2010 with an application under S.5 of Limitation Act, 1908, without accounting for each and every day's delay---------Defendant did not show sufficient cause to condone delay of almost four years in filing certified copy of decree, therefore, the defendant failed to make out any case for exercising discretion in his favour to condone delay---------High Court declined to condone delay of almost 47 months in filing of certified copy of decree---------High Court appeal was dismissed, in circumstances. Mst. Safia Begum v. Taj Din and others 1993 SCMR 882; Mst. Shagufta Bano v. Hussain Abbas Abidi and another 1988 MLD 2674; Bodh Narain Mahto v. Mahabir Pd. and others AIR 1940 Patna 176; AGENT, G.IP. Ry. Co. v. Jasrup Shrinath 1990 Indian Cases 135; Haji Abdul Ghaffar v. Haji Rauf 1991 CLC 734; Chaudhry Shah Muhammad and 6 others v. Muhammad Ishaq and 5 others 2001 MLD 1518; Fida Hussain v. Jalal Khan 2002 CLC 1339; Imam Gul v. Mt. Begun Ji 1980 CLC 530; Cooperative Model Town Society through Secretary v. Mst. Asghari Safdar and others 2005 SCMR 931; Abdul Rashid and others v. Abdul Ghani and others 2011 MLD 1597; Cooper &…

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