Law:

Section:

(a) Limitation Act (IX of 1908)-------Ss. 5 & 14---Appeal---Condonation of delay---Exclusion of time---Principle--- Time spent in pursuing proceedings before wrong appellate forum could not be excluded for the purposes of filing of an appeal---If appeal is barred by time, provisions of S.5 of Limitation Act, 1908, could only be invoked, that too, by showing sufficient cause. (b) Limitation Act (IX of 1908)--- ----Ss. 5 & 14---"Condonation of delay" and "exclusion of time"---Distinction---Power to condone delay and grant extension of time under S.5 of Limitation Act, 1908, is discretionary, whereas under S.14 of Limitation Act, 1908, exclusion of time is mandatory on the satisfaction of the condition prescribed in it. (c) Limitation Act (IX of 1908)--- ----Ss. 2(10) & 14---Constitution of Pakistan, Art. 185(3)---Word "suit"---Scope---Appeal---Condonation of delay---Exclusion of time---Petitioner filed constitutional petition which was dismissed on 24-6-2011 and filed intra court appeal before Division Bench of High Court, which was dismissed on 22-9-2011, being not maintainable---Petitioner sought exclusion of time spent by him before Division Bench of High Court---Validity---Legislature specifically excluded appeal or application from the purview of "suit"---Benefit of S.14 of Limitation Act, 1908, could not be extended to exclude time consumed in prosecuting an appeal before wrong forum having no jurisdiction, for the purposes of filing of appeal before a forum having jurisdiction---Petitioner instead of filing petition for leave to appeal before Supreme Court, within time, filed the same on 27-10-2011 and did not give any plausible explanation for not filing the same within reasonable time after the dismissal of intra court appeal---Supreme Court declined to condone the delay by excluding time spent by petitioner before Division Bench of High Court---Petition was dismissed. Sherin v. Fazal Muhammad 1995 SCMR 584 and Tasneem Ismail v. Wafi Associates 2007 SCMR 1464 distinguished. Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court and Arshed Ali Chaudhry, Advocate-on-Record for Petitioner Nemo for Respondents Date of hearing: 18th November, 2011.…

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