Law: Limitation Act, 1908

Section: 5 ,3

Law: Code Of Civil Procedure, 1908.

Section: IX,XLIII,XXV

Summary The petitioner challenged the Islamabad High Court’s 04.06.2025 dismissal of his Regular First Appeal as time-barred and incompetent. The suit for specific performance proceeded ex parte after the petitioner failed to prove non-service; his attempt to appeal was returned for want of pecuniary jurisdiction and, after a 37-day unexplained delay in filing before the competent forum, the High Court held the appeal barred by limitation and dismissed it. The Supreme Court refused leave to appeal, finding the petitioner negligent, failing to show sufficient cause for delay, and not entitled to equitable relief. Core points Respondent filed suit for specific performance and permanent injunction relating to land in Village Pind Parian, Islamabad. Trial court proceeded ex parte on 22.12.2017; petitioner’s application to set aside for non-service was dismissed on 05.04.2018 after no evidence was produced. Suit was decreed ex parte on 05.04.2018. Petitioner initially filed an appeal in the District Judge’s court (25.04.2018); it was returned on 30.05.2018 for want of pecuniary jurisdiction. Petitioner filed Regular First Appeal in High Court on 11.07.2018 (approx. 37 days after return); High Court dismissed it as time-barred and also found incompetency (non-impleading necessary parties). Petitioner argued bona fide mistake pursuing wrong forum and asked for condonation of delay; respondent argued gross negligence and no satisfactory explanation for the 37-day delay. Court noted settled limitation principles: claimant seeking condonation must give plausible, continuous, bona fide explanation covering entire delay; negligence or casual conduct is insufficient. Even if time spent before incompetent forum were counted, the 37-day unexplained delay after return remained unjustified. Cumulative conduct (failure to produce evidence on service, appeal to wrong forum, delay, non-impleadment) showed negligence and lack of diligence. Supreme Court refused leave to appeal and dismissed the petition. Law and Section Law / Section Application to this case Limitation Act, 1908 — Section 5 (extension of prescribed period in certain cases) Governs…