Law: Limitation Act, 1908

Section: 14

Limitation Act, 1908 (IX of 1908)-- —S.14 read with Section 5-Appeal in wrong forum-Prosecuting of-Whether time spent on prosecuting appeal in wrong forum, can be excluded-Question of-Although Section 14 does not apply to appeals, yet it can be made applicable by analogy-Held: If a litigant shows that he had been in good faith prosecuting another civil proceeding within meaning of Section 14, such circumstance may be treated as a sufficient cause for condonation of delay under Section 5 of Act—Held further: Circumstances as appearing in this case cannot be termed as being result of good faith, rather they constitute gross negligence-Appeal dismissed.  AIR 1937 P.C. 276 and PLD 1977 S.C. 102 rel. PLD 1975 AJK131 over-ruled. JUDGMENT Basharat Ahmad Shaikh, J.--This is an appeal against a judgment of the High Court by which a Division Bench on 24.1.1991 dismissed the appeal filed by the present appellants as being time-barred. 2. The facts giving rise to the present appeal are that the respondent Bank filed a suit for recovery of Rs.18,699.66 in the Court of Sub-Judge Mirpur on December 29, 1979. The suit was decreed on 23.1.1986. The appellants filed an appeal against the aforesaid decree in the Court of District Judge Mirpur. Subsequently it was realised that, in view of the amount involved, the appeal was competent only in the High Court and an application was filed in the Court of District Judge requesting that the appeal may be returned for being presented to the High Court. The appeal was returned to the appellants on April 7, 1987 and was filed in the High Court on the same day. The time allowed for filing appeal in the High Court in the meanwhile had run out. In the High Court a new memo of appeal was filed with which the original appeal returned by the District Judge was also attached. It was stated in the last para of the memo of appeal that the appeal had been inadvertently filed in the Court of District Judge and that on having come to know the memo of appeal and the requisite copies had been taken back from the District Judge and were being filed in the High Court and that, therefore, the appeal was within time. A separate application was also…

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