Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Limitation Act, 1908

Section: 5

Constitution of Pakistan (1973)--Art. 185(3)--Limitation Act (IX of 1908), S.5--Limitation--Condonation of delay--Counsel's negligence--Appeal before wrong forum--Later withdrawn and presented before Court of competent jurisdiction--Time barred--Plea of bona fide mistaken advice of counsel, not accepted-Gross ignorance of law on part of counsel not to be regarded as ill-advice 'and as such not good ground for condonation of delay--Leave to appeal refused.--[Counsel and client]. Kumar Rajendra Bahadur Singh v. Rai Rajeshwar Bali, and others A I R 1937 P C 276 ref. Abdul Ghani v. Ghulam Sarwar P L D' 1977 S C 102; Mirza Muhammad Saeed v. Shahab-ud-Din P L D 1983 S C 385; Mst. Mehmooda Begum and others v. Major Malik Muhammad Ishaq and others 1984 SCMR 890 and Bashir Ahmed v. Government of the Punjab and others 1985 S C M R 333 rel. ORDER NASIM HASAN SHAH, J.- The petitioner filed the appeal against judgment and decree of the learned Senior Civil Judge before the District Judge. The matter remained pending before the latter for about a year when the petitioner's counsel himself pointed out that the value of the subject-matter of appeal exceeded his pecuniary jurisdiction and prayed for return of the memorandum of appeal for presenting it to the High Court. The memorandum of appeal was returned and, thereafter, submitted before the High Court. The question arose whether the delay should be condoned. It was contended on behalf of the petitioner that the appeal filed before the District Judge was on account of the bona fide mistake of his counsel and the delay was liable to be condoned as it was occasioned on account of the mistaken advice given by the counsel. In support of this submission reliance was placed on a decision of the Privy Council in Kumar Rajendra Bahadur Singh v. Rai Raieshwar Bali and others A I R 1937 P . C ' 276. The learned Judges in the High Court, however, relying on two decisions of…

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