Law:

Section:

(a) Limitation Act (IX of 1908)--S. 5---Civil Procedure Code (V of 1908), Ss.96 & 115---Constitution of Pakistan (1970, Art.185(3)---Leave to appeal was granted to examine, inter alia; whether filing of one appeal against the consolidated in two consolidated suits relating to same or similar subject, had not satisfied the requirements of law; if not, whether mere technical controversy should not have been resolved in favour of the petitioners; whether even if there was a technical delay in filing the second appeal, it should not have been condoned under S.5, Limitation Act, 1908 and whether the High Court should not have in exercise of its revisional jurisdiction, acted in aid of justice and should not have corrected the error. (b) Limitation Act (IX of 1908)--- . ----S. 5---Civil Procedure Code (V of 1908), Ss.96 & 115---Two separate decrees in the two suits were prepared---Appeal---Memorandum of appeal filed covered both the suits and the decrees filed related only to one suit--­Appeal was accepted and the suit was dismissed---During the course of the hearing of appeal the parties became aware of the fact that there was no decree sheet and no formal separate appeal in respect of one suit---Separate appeal in respect of the suit in question was formally presented alongwith an application under S.5 of the Limitation Act, 1908---District Judge in appeal and High Court, in revision refused to condone the delay and dismissed the application for condonation ---Held memorandum of appeal filed before the District Judge, showed that at the very first opportunity the in both the suits had been challenged and it was not an appeal in one case and not in the other---Copy of the decree sheet of one suit had been filed but not that of the other and if at that stage by examining the memorandum of appeal corrective steps had been taken and appellants asked to file copy of the decree sheet and separately in the other civil suit, in order to bifurcate the composite attack, not such anomaly would have resulted---Failure at this stage was partly of the Court and its functionaries and the parties should have known better---All such technical failures could be remedied if…

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