Law: Limitation Act, 1908

Section: 5

Limitation Act (IX of 1908)--- ----S. 5---Filing of appeal, delay in---Condonation---Sufficient cause---Scope---Sole ground on which the delay was sought to be condoned was that due to some symptoms of Covid-19, the attorney had been advised by his doctor to observe quarantine, not permitting him to enter the premises of the court---Attorney, in support of his contention, had filed a medical certificate purportedly issued to him, however, neither the name of the Attorney was mentioned in said certificate nor period / dates of quarantine had been mentioned---Moreover, the application for condonation of delay and its supporting affidavit were silent as to why the appellant himself was unable to present the appeal while his Attorney was observing quarantine---Appellant had not even filed his own affidavit explaining his disability for filing the appeal within time, therefore, the burden to explain the delay of each and every day had not been discharged by the appellant and/or his Attorney---Thus, the delay of four days in filing the appeal could not be condoned, for having been filed after the prescribed period of limitation, meanwhile valuable right had been created in favour of the respondents, and no sufficient cause was found for filing the appeal beyond the period of limitation---Application for condonation of delay was dismissed, resultantly the appeal was also dismissed. Imtiaz Ali v. Atta Muhammad and another PLD 2008 SC 462 ref. bedi, A.A.G. Sindh. ORDER Through the listed application under section 5 of the Limitation Act, 1908, the appellant has prayed that the delay of four (04) days in filing the instant appeal be condoned. The application is supported by the affidavit of the appellant's attorney Zafar Riazuddin Bari. The sole ground on which the delay is sought to be condoned is that due to some symptoms, the attorney had been advised by his doctor to observe…

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