Law:

Section:

Limitation Act (IX of 1908)------Ss. 5, 14 & Art.152---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal---Appeal filed before High Court against order of Trial Court was returned as incompetent after more than two years of its filing---Appeal so returned was re-filed before proper Appellate Court which was admitted by Court after condoning delay of more than two years---High Court, however, reversed order of Appellate Court condoning delay, holding, that time taken beyond thirty days of passing of decree subject, of course, to the exclusion of time taken in obtaining copies of and decree, was wrongly condoned---Reasoning of High Court in reversing order of Appellate Court being neither illegal nor perverse interference declined by Supreme Court. Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102 ref. ORDER SHAFIUR RAHMAN, J.---The petitioner, a defendant vendee in a pre­emption suit, seeks leave to appeal against the judgment of the Lahore High Court dated 26-5-1986 whereby his civil revision was dismissed on the ground that the appeal from which it had arisen merited dismissal on the ground of being time-barred. 2. The pre-emption suit was filed by respondents Nos. 1 to 3 on 16-11-1980. The suit was decreed on 20-12-1982. Rs.70,000 was held to be the sale consideration of the price and Rs.42,000 the cost of improvement. First appeal was filed in the High Court on 5-2-1983 which was returned as incompetent on 11-5-1985 and was re-filed before the District Judge on 1-6-1985. This delay in presenting appeal in the proper forum was condoned by the District Judge, but the High Court took the view that "time taken beyond thirty days of the passing of decree subject, of course, to the exclusion of time taken in obtaining copies etc. was wrongly condoned by the learned lower appellate Court. Although it cited those authorities in its judgment yet missed to note the rule laid down therein. It regarded that choosing of wrong forum was by reason of a genuine mistake. The dictum of the Supreme Court negates any such hypothesis and outright lays down that the remedy, if at all, is to sue the lawyer but in no case the delay could be condoned." 3. The learned…

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