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(a) Limitation Act (IX of 1908) Ss.5 & 12(2) Appeal Delay of 2 1/2 years, condonation of Impugned / decree was passed on 7 2 2002 ¬Appellant applied for certified copies thereof on 14 2 2002, which were prepared on 21 2 2002 and delivered to him on 27 9 2004 Appeal was filed on 9 10 2004 Time consumed till date of delivery of such copies sought to be excluded in computation of period of Limitation Validity No material had been placed on record to show that Copying Agency, in fact, did not give any actual date for delivery of such copies Appellant had not appended with appeal receipt issued by Copying Agency at the time of receiving "Sawal Form", which was the only prima facie evidence to indicate as to whether any actual date was given or not Limitation period for filing of appeal, would not be computed from date of delivery/ collection of such copies Appellant would not be entitled to exclusion of period consumed between preparation of copies till delivery thereof High Court dismissed appeal being grossly barred by time. Province of Punjab through Secretary, Health Department, Punjab, Lahore v. Dr. Muhammad Afzal Shah Hashmi 1991 MLD 806 ref. Muhammad Nawaz v. Abdus Salam and another PLD 1997 SC 563 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.22 Limitation Act (IX of 1908), Ss.5 & 29(2) Appeal ¬Condonation of delay Application under S.5 of Limitation Act Not competent. Allah Ditta v. Farooq Ahmad and 3 others PLD 1979 Lah. 917; Bashir Ahmad and others v. Messrs Habib Bank Ltd. 1990 CLC 1105; Messrs Conoco Industries (Pvt.) Ltd. and 3 others v. United Bank Limited, Lahore and another 2004 CLD 472; Sheikh Muhammad Kashif v. Askari Leasing Limited through Manager/Chief Executive of Branch/Recovery Officer 2004 CLD 1645; Ali Muhammad and another v. Fazal Hussain and others 1983 SCMR 1239 and Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286 rel. Nemo for Appellants. JUDGMENT MIAN HAMID FAROOQ, J. This single judgment shall decide the present appeal (R.F.A. No.455 of 2004) and connected appeal (R.F.A. No.454 of 2004), as identical questions of law and facts are involved in both the appeals and they are…

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