Law: Limitation Act, 1908

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: O.XX,16

Limitation Act (IX of 1908)--- ----S. 5---Civil Procedure Code (V of 1908), O. XX, 16---Suit for rendition of account---Filing of appeal before wrong forum---Condonation of delay---Scope---Contention of applicant was that for the purpose of fixing the value of suit for court fee and jurisdiction the original decree would be considered as the value of the suit---Validity---Originally suit was filed for rendition of account which was subsequently converted into suit for recovery of specific amount---Value fixed by the plaintiff in the suit or varied by the Trial Court was to be considered for the purpose of court fee and jurisdiction for forum of appeal---Value of suit was fixed as Rs. 47,45,176/- and same was also mentioned in the decree sheet and Trial Court had not varied the value of suit fixed by the plaintiff for the purpose of court fee and jurisdiction---Appeal was competent before the High Court in circumstances---Applicant was required to explain the delay of each day in filing of appeal before wrong forum and pendency of the same before the said forum for condonation of delay from the date of return of appeal to the date of filing of the same before the High Court---Neither same had been pleaded in the application nor delay of each day had been explained by the applicant---Appeal had been filed before the High Court with a delay of one month and twenty days without any explanation of delay of even one day---Delay could not be condoned in the circumstances---No case for condonation of delay had been made out---Application for condonation of delay was dismissed in circumstances. Nazar Muhamamd and another v. Mst. Shahzada Begum and another PLD 1974 SC 22; Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102; Ghulam Ali v. Akbar alias Akoor and another PLD 1991 SC 957 and Muhammad Ayub and 4 others v. Dr. Obaidullah and 6 others 1999 SCMR 394 ref. Nazar Muhamamd and another v. Mst. Shahzada Begum and another PLD 1974 SC 22; Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102; Ghulam Ali v. Akbar alias Akoor and another PLD 1991 SC 957 and Muhammad Ayub and 4 others v. Dr. Obaidullah and 6 others 1999 SCMR 394 distinguished. THIS ORDER PASSED BY: AMIN-UD-DIN KHAN,…

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