Law:

Section:

Limitation Act (IX of 1905}- S. 5-Condonation of delay-Party taking a matter before a wrong forum due to mistaken advice of counsel-Held, cannot take benefit of provisions of Limitation Act, 1908 particularly when no affidavit of counsel filed in support of allegations. Punjab Province v. Nisar Ahmad P L D 1960 Lab. 801; Abdul Rashid and another v. Muhammad Hafeez and another P L D 1963 Lab. 414 Kilachand Devechand & Co. (Private) Ltd. v. Messrs S. M1an Muhammad Allahbux P L D 1962 Kar. 510 ; Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102 ; Mrs. Ismat Tariq v. Sh. Shaukat All 1974 S C M R 158 ; Ch. Muhammad Sharif v. Muhammad Ali Khan and others 1975 S C M R 259 ; Mst. Ghulam Fatima v. Tire Federation of Pakistan through General Manager, P. W. R., Lahore P L D 1970 Lab. 493 ; Wali Muhammad and 2 others v. Inam-ul-Hassan Khan and s others P L D 1971 Lab. 332 and Mst. Mah Bibi v. Mst. Hameeda Begum P L D 1976 Kar. 811 ref. JUDGMENT MUHAMMAD ILYAS, J.-The Regular First Appeal in hand was, admittedly time barred when it was submitted before this Court. The appellants, Manzoor Hussain and others, therefore, made a petition (C.M. No. 5916/C/81 for condonation of delay. The appeal was initially presented before the District Judge, Mianwali, but it was returned by him on the ground that its ,jurisdictional value exceeded the pecuniary limits of his jurisdiction. The appellants have invoked the provisions of sections 5 and 14 .of the Limitation Act, 1908, to get over the difficulty of limitation. 2. The respondents, Muhammad Ali and another, have opposed the said petition of which notice was given to them. 3. It was contended by learned counsel for the appellants that the appellants had filed the appeal before the learned District Judge, in good faith, with the assistance of a senior counsel and therefore, they were entitled to the benefit of section 14 of the Limitation Act. It was explained by him that in the pre-emption suit, out of which this appeal has arisen, the ostensible sale price was Rs. 1 lac but as the appellants, who were plaintiffs in the suit, had no objection to the payment of Rs. 50,000 as sale price, they had gone in appeal to assail the…

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