Law: Limitation Act, 1908

Section: 5

Limitation Act (IX of 1908)--- ----S. 5---Condonation of delay---Grounds---Counsel not available---Not a good ground for condonation of delay---Inalienable obligation of a litigating party is to keep itself abreast of the proceedings of the case and pursue the matter diligently as adjudication of a case cannot be left pending at the whims and caprice of the party to select the suitable time for challenging or pursuing the matter according to their own choice---Moreover, it is requirement of law that if the counsel is not available then the party itself must be present to pursue the case vigilantly and any communication gap between the counsel and the client is not a good ground for condonation of the delay---Adjudicating forum has to administer/regulate proceedings and also to make diligent/bona fide effort to decide the matter within shortest possible span of time whereas the indolent litigant is not entitled for any relief. Haji Ghulam Sarwar v. Daya Ram 1975 SCMR 179; Munir Hussain v. Changaz Khan and others 2011 SCMR 1424; Sindh Industrial Trading Estates v. West Pakistan Water and Power Development Authority PLD 1991 SC 250; State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280; Messrs Blue Star Spinning Mills Ltd. v. Collector of Sales Tax and others 2013 SCMR 587; Ghulam Hussain Ramzan Ali v. Collector of Customs (Preventive), Karachi 2014 SCMR 1594; Hussain Khan v. Mst. Ghanno Bibi (Deceased) and others 1997 CLC 1324; Shabrati v. Shaukat Ali Khan 1997 MLD 2884; Messrs Bengal Corporation and 8 others v. Middle East Bank Ltd. PLD 2000 Kar. 326 and Iqbal Ahmad and others v. Government of Sindh through Secretary and others PLD 2007 Kar. 353 ref. ORDER C.M. No. 2-C of 2018 CH. MUHAMMAD IQBAL, J.---Through this application under section 5 of the Limitation Act, 1908 the applicant seeks condonation of delay occurred in filing the application for restoration of titled appeal, which was dismissed for non-prosecution on 25.06.2018. 2. The captioned appeal was fixed for hearing on 25.06.2018 when no one appeared on behalf of the applicant/appellant to prosecute the same, resultantly, appeal was dismissed for…

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