Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 96---Limitation Act (IX of 1908), Ss. 5 & 14---Civil Courts Ordinance (II of 1962), S. 18---Delay in filing appeal before proper forum ---Condonation of delay---Appeal was filed on wrong advice of counsel---Suit had been valued at specified amount against which appeal was competent before High Court and not before District Court as per terms of S. 18, Civil Courts Ordinance, 1962--­Due diligence was, thus, not exercised by counsel while presenting appeal before District Court---Such proceedings before District Court could not be deemed to have been prosecuted in good faith for lack of due care and caution---Neither S. 5, nor S. 14, Limitation Act, 1908, would, thus, come to the rescue of appellant---Delay in filing appeal, therefore, could not be condoned for once a matter was shown to be time-barred, a valuable right would accrue in favour of opposite party---Appeal being time-barred was not maintainable in circumstances. Ghulam Ali v. Akbar alias Akoor PLD 1991 SC 957 and Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 1021 rel. Muhammad Hashim Khan v. The Chairman, Balochistan Service Tribunal PLD 1983 SC 262 and Mian Muhammad and 10 others v. Additional Commissioner (Revenue/Settlement Commissioner), Rawalpindi 1991 SCMR 520 ref. JUDGMENT The respondent purchased a motor-car from the appellant for a consideration of Rs.70,000. The respondent waited for transfer documents pertaining to the sale of the car but without any result. Consequently, the respondent filed a suit against the appellant seeking declaration that she was a lawful owner of the car having purchased the same for valuable consideration. An injunction was also sought to restrain the appellant from interfering with the possession and use of the said car by the respondent. This suit, when it came for hearing before the learned VIth Senior Civil Judge, Karachi Court, was decreed in favour of the respondent. The appellant, being aggrieved by the decree, filed appeal first before the learned District Judge, Karachi (South) but after it transpired that under section 18 of the Civil Courts Ordinance, 1962 (Ordinance II of 1962) an appeal against the said decree…

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