Law: Civil Procedure Code (V of 1908)

Section: 96

(a) Limitation Act (IX of 1908)--- ----Ss. 5 & 14---Civil Procedure Code (V of 1908), S.96--- Regular first appeal---Delay, condonation of---Preliminary objection was raised regarding maintainability of appeal being barred by law of. limitation; contending that appellant who had filed appeal on the wrong advice of his counsel in the wrong forum having no pecuniary jurisdiction, was not entitled to claim the benefit of condonation of delay under S.14 of the Limitation Act, 1908; as wrong advice of counsel was not a valid ground for condonation of delay---Validity---Initial and foremost duty of the office of the court was to see and check whether the appeal filed was within the period prescribed by law; and then it would become the duty of the court to see and determine as to whether it had got jurisdiction to entertain and hear the appeal---If the office reported the appeal to have competently been filed, and the court also issued notices to the respondents after hearing of the same, then appellant and its counsel could not be responsible and appellant could not be refused the benefit of condonation of delay---Appeal having been kept on pending adjudication for about 16/17 months, its return for want of pecuniary jurisdiction, would be nothing else, except the negligent and careless attitude of the office and then of the court---None could be prejudiced by the act of the court---Case of appellant was fully covered under S.5 of Limitation Act, 1908---Delay occasioned in filing of appeal was condoned and appeal was declared to have been filed within the prescribed period of limitation. Masud Ahmad and 2 others v. United Bank Limited 1992 SCMR 424; Furqan Habib and others v. Government of Pakistan and others 2006 SCMR 460; Monazah Parveen v. Bashi). Ahmad and 6 others 2003 SCMR 1300; Mehtab Khan and others v. Faiz Muhammad PLD 2003 Pesh. 46 and M.C. Tank through Town Nazim Town II, Tank and another v. Waris Khan and 2 others 2005 CLC 154 distinguished. Taza Gul and others v. Haji Fazal Subhan 2006 SCMR 504 rel. Sherin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584 and Taza Gul and others v. Haji Fazal Subhan 2006 SCMR 504 ref. (b) Limitation Act (IX…

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