Law:

Section:

West Pakistan Civil Courts Ordinance (III of 1962)--- ----S. 18---Limitation Act (IX of 1908), Ss. 14 & 5---Time spent before wrong forurri by appellant---Delay in filing appeal ---Condonation---Provisions of S.14 of Limitation Act, 1908 could not be invoked for seeking condonation of such delay in filing appeal---Provisions of S.5 of Limitation Act, 1908, however, could be invoked for seeking condonation of such delay---Where appellant all along was assisted by counsel, failure of counsel to take note of relevant law, could be attributed only to lack of diligence of appellant who could not escape consequences of such lack of diligence and delay in such case could not be condoned. Siddique Khan and 2 others v. Abdul Shakoor Khan and 2 others PLD 1984 SC 289; 1982 SCMR 425; 1991 SCMR 520; 1991 SCMR 1679; PLD 1998 Quetta 88; Sheerin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584; Abdul Rashid and another v. Muhammad Hafiz and another PLD 1963 (W.P.) Lah. 414; Mrs. Ismat Tariq v. Sheikh Shaukat Ali 1974 SCMR 158; Mst. Khurshid Begum v. The Settlement Department and others 1976 SCMR 102; Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102; Mst. Mahmooda Begum and others v. Major Malik Muhammad Ishaq and others 1984 SCMR 890 and Muhammad Raz Khan v. Government of N.-W.F.P. and another PLD 1997 SC 397 rel. THIS JUDGMENT DELIVERED BY: IFTIKHAR MUHAMMAD CHAUDHRY, JUSTICE:---.--- Precisely the facts of the case are that on 14th May, 1989, Umaid Ali son of Bhagan Khan (respondent No.l) instituted a suit against petitioner Mussarat Ara Begum daughter of Mukhtar Ahmed Khan and Gahi Khan son of Muhammad Ibraheem (respondent No.2), in the Court of Civil Judge, Quetta on averments; that he purchased landed property owned by petitioner measuring 25 acres, description whereof was given in the plaint, through her Attorney Gahi Khan, who had registered power of Attorney in his favour, vide Agreement, dated 11th January, 1989, at the rate of Rs.4,75,000 per acre. totalling to Rs.1,18,75,000. Out of which, rupees one crore was paid to Gahi Khan and in respect of balance amount, it was agreed between them that on the transfer of land in his favour, this amouat will be paid,…

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