Law: Civil Procedure (Special Provisions) Ordinance, 1968

Section: 96,10

Law: Limitation Act, 1908

Section: 5,12,14

(a) Civil Procedure Code (V of 1908)--- ----S.96 O.VII, R.10---Limitation Act ( IX of 1908), Ss.5, 12 14---Appeal, filing of, delay in---Condonation of---Scope---Exclusion of time spent in obtaining certified copies---Consumption of time at the wrong forum---Sufficient cause---Scope---Held, that the Appellant (applicant under S.5 of the Limitation Act, 1908) had consumed almost seven (07) months in the Appellate Court which was a wrong forum---Appeal was returned to him but he applied for the issuance of certified copies after more than two (02) months and fifteen (15) days---No cogent reasons had been given for the delay of filing application for obtaining the certified copies, which was in addition to delay of almost seven (07) months consumed before a wrong forum---After the prescribed period of limitation having elapsed, the door of justice was closed and no plea of injustice, hardship or ignorance could be of any avail unless the delay was properly explained and accounted for---Appeal, in the present case, was filed beyond the prescribed period of limitation and no cogent reasons had been given for condonation of delay under section 5 of the Limitation Act, 1908---High Court dismissed the application for the condonation of delay filed by the appellant---Appeal was dismissed, in circumstances. Water and Power Development Authority 1988 SCMR 1354 ref. (b) Limitation--- ----Wrong advice of the counsel---Scope---Act of approaching a wrong forum must be accounted for: it should be established that due to some honest, bona fide and genuine ambiguity in the law or in fact, a party or his counsel was led astray in terms of approaching a wrong forum---Mere incompetence of the counsel, inadvertence, negligence or ignorance of law attributed to him and/or overlooking of the record by the counsel could not constitute sufficient cause ipso facto, but the factor(s) which misled the legal counsel, including any ambiguity in the law, causing him to file the appeal before the wrong forum must be indicated---Mere wrong advice of counsel was not an adequate ground per se to constitute sufficient cause because if the rule that ignorance of law was no excuse would stand…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492