Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Limitation Act, 1908

Section: 5

Civil Procedure Code (V of 1908)--- ----S. 100---Limitation Act (IX of 1908), S. 5---Second appeal---Limitation---Condonation of delay---Contention of appellant was that original file was lost in the office---Validity---Nothing was on record as to which original file was lost, when the same was lost and when found traced---Appellant was delivered certified copy of impugned on 07.09.2016 while appeal was filed after more than ninety days without any cogent and sound reasons---Limitation did create a valuable right in favour of a party who was deriving benefit---Such right could not lightly be intercepted---Aggrieved party was bound to be vigilant in invoking legal remedies within the stipulated period unless extraordinary circumstances were available to show inability for not approaching the Court within that period---Cause of delay in filing the present appeal was neither cogent nor sufficient to believe that Law Officer did not handle the original file of the case with due care---Application for condonation of delay was dismissed---Second appeal was dismissed being time-barred, in circumstances. 1980 CLC 1446 rel. Ali Akbar Poonawala, Nadir Khan Burdi and Shaukat Mohammad Ali for Appellant (in IInd Appeal No.149 of 2016). THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- Through this civil miscellaneous application under Section 5 of Limitation Act, (C.M.A. No. 9874 of 2016) the appellant sought condonation of two days delay in filing present second appeal owing to the reason that original file was lost in L.D.A. office. Law Officer of the appellant authority i.e. Lyari Development Authority has enclosed his own affidavit along with this application. I have heard the learned counsel for the appellant/defendant No. 1 and respondent No. 1/plaintiff/decree holder and respondent No. 2. After hearing the arguments and perusal of record with due care and caution, I am of the firm view that the learned counsel for the appellant has applied for obtaining certified copy of the judgment dated 12.08.2016 passed by the learned VIIth Additional District Judge Karachi-East on 13.08.2016 and copy of said judgment was delivered to him on 07.09.2016 (on 26th day of…

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