Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S.96---Limitation Act (IX of 1908), S.5--- Appeal--- Limitation--- Condonation of delay---Sufficient cause---Appellate court dismissed appeal being time-barred---Contention of appellant was that his counsel was ill and he had proceeded to perform Hajj---Validity---Illness of any party was beyond his/ her control---Appellant had right to proceed for performing his religious obligation/duty---Appellate Court was obliged to consider the plea raised by the appellant and his counsel in application under S.5 of Limitation Act, 1908---Question of limitation would not arise in case of setting aside a void order---Matter was remanded to the Appellate Court with the direction to decide the same on merits---Revision was allowed in circumstances. PLD 2015 SC 1 and PLD 2001 SC 355 rel. (b) Limitation--- ----Void order---Question of limitation would not arise in case of setting aside a void order. THIS JUDGMENT DELIVERED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- This Civil Revision Application under Section 115 C.P.C. assails judgment dated 01.12.2015 passed by the learned IInd Additional District and Sessions Judge East, Karachi, whereby Civil Suit No. 748 of 2014, filed by the appellant was dismissed under Order XVII, Rule 3, C.P.C. by the learned VIth Senior Civil Judge, Karachi East as not proved, upholding judgment dated 03.09.2015 passed by the said trial Court. 2. Short factual background of the case is that the appellant/plaintiff has filed a suit for recovery of Rs. 27,00,000/- and damages of Rs. 25,00,000/- against respondent/defendant stating therein that the appellant/plaintiff on 07.03.2014 entered into an irrevocable agreement of sale with the respondent/defendant in respect of House No. A-141, PIA Employees Co-operative Housing Society Limited, Block-9, situated in K.D.A Scheme No. 36, Gulistan-e-Jauhar, Karachi admeasuring 400 Sq.yards against sale consideration of Rs. 13,800,000/- and the appellant/plaintiff had paid Rs. 10,00,000/- as token money, vide Cheque drawn in M.C.B Limited, Siemense Chowrangi Branch, Karachi. The remaining amount of sale consideration i.e. Rs. 12,800,000/- was decided to be paid to the…

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