Law:

Section:

Limitation Act (IX of 1908)------S.14---Constitution of Pakistan (1973), Art.185(3)---First appeal before High Court against ex parte decree filed beyond period of limitation---No grounds made out for exclusion of excess period---Grounds for condoning the delay whether justifiable---Narration of facts and the dates in the impugned order would make it absolutely clear that the relevant period could not be claimed as an exclusion under S.14 of Limitation Act, regardless of the fact whether the defendants' counsel was negligent or not in tendering right or wrong advice---If it be assumed that the petitioners were given wrong advice by the counsel, such fact would not be sufficient cause for condonation by itself---Conduct of defendants themselves, apart from what their counsel advised, was otherwise not such that it would have merited condonation of delay---Looked at from whatever angle there was not force in the petition---Leave refused. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought from dismissal by the High Court of petitioners' Regular First Appeal, which had arisen out of a decree passed against them by a Banking Court. The case had earlier been brought before this Court. It was remanded to the High Court for fresh decision; as to whether, the ex parte decree passed against the petitioners on 6-7-1981 was sustainable on merits; and whether, the petitioners' first appeal before the High Court against that decree, as distinguished from the order refusing to…

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