Law: Limitation Act, 1908

Section: S. 5

(a) Limitation Act (IX of 1908),   S. 5---Illness as ground for delay-Medical certificate in support should be produced alongwith application or in any case before final hearing of appeal---No further time can be granted for producing such certificate.   (b) Appeal---   Limitation---Time should be reckoned from date of judgment and not from date of decree-Limitation Act (IX of 1908), S. 12 (2) & Art. 156-[East and West Steamship Co. v. Queensland Insurance Co. P L D 190 Kar. 840 foil].   ORDER   WAHIDUDDIN AHMED, J.---   Mr. Dorab Patel has raised a pre liminary objection that the appeal is time barred. The appellant has filed an application under section 5 of the Limitation Act.   The ground for condoning the delay is that the appellant fell ill in the Ist week of August 1959 and was confined to bed till the appeal was filed. The application and the affidavit is not support ed by any medical certificate or other reliable evidence.   Admittedly the appellant is alleged to have suffered from typhoid fever but except his bare allegation, there is nothing to prove it. The learned Counsel for the appellant wants time to produce medical certificate in support of the alleged illness.   This appeal was dismissed for default on 19-10-1960 and was restored on 1-12-1960. The appellant ought to have produced the medical certificate along with the application and in…