Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 & 54--Suit for declaration and permanent injunction--Joint recorded owner--Suit land was gifted and transferred--Plaintiff was minor at time of transfer--Advertisement for sale without consent of co-owner--Suit was decreed ex-parte--Appeal--Dismissed--Time barred--Learned counsel for petitioner mainly agitated that petitioner being a laymen does not know intricate question of law and went to Karachi in order to spend winter vacations with impression that his previous counsel is appearing before learned trial Court on his behalf, but previous counsel did not appear before learned trial Court for reasons best known to him nor inform petitioner, but such plea of petitioner does not constitute sufficient cause to condone inordinate delay of filing appeal--In view of dictum laid down by Hon'ble apex Court, facts and circumstances of case it is apparent that ex-parte order passed by learned trial Court on 23rd December, 2015 was appealable within 30 days, but admittedly petitioner did not prefer any appeal against ex-parte order well within time and application for condonation of delay filed by petitioner does not describe any plausible explanation and sufficient cause, learned appellate Court had rightly dismissed appeal of petitioner being time barred--Learned counsel for petitioner has failed to point out any illegality, infirmity or jurisdictional defect in concurrent finds of Courts below to warrant interference by this Court in revisional jurisdiction--Civil Revision was dismissed. 2019 YLR 1, 2019 CLC 321 & 2016 SCMR 1821, ref. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, JUSTICE---.--- This petition is directed against the ex-parte order dated 23rd December. 2015 passed by the Senior Civil Judge-I, Quetta (hereinafter referred as "the trial Court") whereby the suit of Respondent No. 1 was decreed and judgment & decree dated 20th February, 2017 (hereinafter referred as "the impugned Order") passed by the learned Additional District Judge-II, Quetta (hereinafter referred as "the appellate Court") dismissed the appeal of petitioner. 2. Relevant facts for disposal of the instant Petition are that the…

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