Law: Limitation Act, 1908

Section: 5,14

Limitation Act (IX of 1908)-------Ss. 5 & 14---Civil Procedure Code (V of 1908), S.96---First appeal---Limitation---Delay, condonation of---Appellants who had filed appeal with delay, had moved application under S.14 of Limitation Act, 1908 for condonation of delay contending that they had been pursuing appeal in `wrong forum' in good faith---Validity---For bringing case within ambit of principle governing S.14 of Limitation Act, 1908, appellants had to show that they prosecuted their remedy before wrong forum in good faith---Value, in the present case, for purpose of jurisdiction had been determined/fixed at Rupees two crore in plaint and jurisdiction for purpose of appeal was determined from value determined by plaintiff in his plaint---Value for purpose of jurisdiction having been determined Rupees two crore, appeal was to be filed before High Court, but instead same was filed before District Judge---Appellants, in circumstances had neither acted with `due care and caution' nor with, due diligence, nor they had shown any sufficient cause for condonation of delay as enjoined by S.5 of Limitation Act, 1908---Pursuing remedy in wrong forum on mistaken advice of counsel was not `sufficient cause' within the meaning of provisions of S.5 of Limitation Act, 1908---Even otherwise provisions of S.14 of Limitation Act, 1908, were applicable to suits and applications and not to appeals---Application for condonation of delay and appeal which was barred by time, were dismissed. Mst. Hawabi v. Abdul Shakoor PLD 1970 Kar. 367, Sardraz Khan v. Amir Ullah Khan PLD 1995 Pesh. 86; Muhammad Nawaz Khan v. Mst. Farrah Naz PLD 1999 Lah. 238; Abdul Ghani v. Mst. Musarrat Rehana 1985 CLC 2529; Raja Karamat Ullah's case 1999 SCMR 1892 and Ghulam Ali's case PLD 1991 SC 957 ref. ORDER C.M.No.417 of 2005 The main R.F.A. arises out of the judgment and decree dated 4-9-2004 passed the learned Senior Civil Judge Attock in a suit filed by the plaintiffs-respondents (herein) against defendants-appellants, for the recovery of rupees two crore. 2. Along with the main appeal, the instant CM has also been filed for condonation of delay for filing the appeal. 3. Learned counsel for the…

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