Law:

Section:

(a) Limitation Act (IX of 1908)-- Ss. 5 & 14 read with West Pakistan Civil Courts Ordinance (II of 1962), S. 18-Appeal-Limitation-Jurisdiction-Appeal filed in wrong Court but returned for presentation in proper Court after expiry of period of limitation - Petitioner-appellant withholding memorandum of appeal filed by him in original (District) Court ands instead filing a fresh memorandum of appeal in High Court-Contention that appeal was filed in District Court due to wrong advice of his counsel and further he was misguided by District Court inasmuch as such Court granted an ad interim injunction and transferred appeal to Additional District Judge attracting thereby principle actus curiae nemonim gravalsit-Held : Petitioner having himself valued his, claim at a sum far exceeding pecuniary jurisdiction of District Court not possible to understand how any Advocate could advise filing of appeal in District Court-District Court being under no obligation to advise appellant how to prosecute his remedy, principle of maxim actuscuriae nemonim gravalsit' not attracted-Reckless grant of injunction could not be allowed to increase frivolous litigation and other party being aggrieved by injunction petitioner could not complain of having successfully obtained an illegal order.-[Appeal (civil) Limitation]. Food Stuff Supply Co. v. Irfan Cotton Oil ,dills and others P L D 1959 Lah. 325 ref. (b) West Pakistan Civil Courts Ordinance (II of 1962)- S. 18 read with Limitation Act (IX of 1908), Ss. 5 do 14-Appeal-Jurisdiction-Limitation-Petitioner filing appeal in Court having no jurisdiction but on discovery of fact and appeal being returned for presentation in proper Court filing it in High Court, limitation period meanwhile having expired-Contention that petitioner was misguided by respondent inasmuch he received notice of appeal before expiry of period of limitation for filing appeal in proper Court but he did not object immediately to its maintainability-Defendant-respondent, held, under no obligation to give advice as to manner in which claim against him to be prosecuted -Conduct of other parties, held further, cannot help petitioner to make out sufficient cause under…

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