Law: Limitation Act, 1908

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: 10

(a) Limitation Act (IX of 1908)--- ----S. 5---Condonation of delay---Object, purpose and scope---Condonation of delay is a matter of concession and cannot be claimed as a matter of absolute right---It is existence of sufficient cause for not filing proceeding in time before proper forum that must be justified to the satisfaction of Court to exercise its power of granting or refusing to grant condonation of delay/extension of time---If such condition is not satisfied, there is no room for applicability of power to condone delay---Where no cause has, at all, been shown that is, where no explanation has been given for filing proceeding out of time, there arises no opportunity of considering sufficiency or otherwise of the reasons for that fact, and there cannot be any room for the exercise of discretion given under the law---If the condition is satisfied, then Court gets a discretionary power to grant or refuse prayer for extension of time---What is sufficient cause is question of discretion, which depends upon facts and circumstances of a particular case. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 10---Return of plaint---Effect---Once a plaint is returned under O. VII, R. 10, C.P.C., a litigant has option to either file the same before proper forum or institute new suit. Abdul Shakoor and others v. Mst. Hawabai and others 1982 SCMR 867 and Messrs Pakistan Agro Forestry Corporation Ltd. v. T.C. PAF Pakistan (Pvt.) Ltd. and others PLD 2003 Kar. 284 rel. (c) Insurance Act (IV of 1938)--- ----S. 47-B---Insurance claim---Compound interest---Scope---Self-subscribed Group Insurance Scheme---Appellant/Insurance company was aggrieved of judgment passed by Trial Court in favour of respondent/widow by applying compound interest, who was widow of a Sales Manager---Validity---Scheme was under Memorandum of Understanding (MOU) and was a voluntary self-subscribed additional group insurance---Scheme was introduced for the benefit of Sales Managers, Sales Officers and Sales Representatives---As per terms of MOU, Sales Managers and Sales Officers were to be automatically included in the Scheme whereas only Sales Representatives were made eligible provided they had…

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