Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.19 & 22---Limitation Act (IX of 1908), Ss.3 & 5---Execution of decree---First appeal---Limitation---Condonation of delay--Appeal which was filed after 11 days of the expiry of period of limitation, was sought to be admitted for hearing by condoning delay on the ground that decree holder could not file application for certified copy of the impugned order as the file was in the chamber of Presiding Officer for the purpose of writing the order--In order to admit an appeal for hearing filed after the expiry of period of limitation prescribed therefor, two questions were very pertinent for consideration: First, whether the court had power to do so; secondly, whether the appellant had sufficient cause for not preferring the appeal within the prescribed period---Section 5 of the Limitation Act, 1908 provided that appeal etc. could be admitted after the period of limitation, when appellant could satisfy the court that he had sufficient cause for not preferring appeal or making the application, within such period---If a person had sufficient cause for not preferring appeal within the prescribed period of limitation, it would not make any difference, whether the period was prescribed by the Limitation Act, 1908 or by any other law---Sufficiency or insufficiency of cause would depend upon nature of the cause and not upon the law prescribing the period of limitation---It would be anomalous to say that the legislature intended to admit appeals filed after the expiry of period of limitation prescribed by the Limitation Act, 1908 and not to admit appeals for which the period of limitation was prescribed by any other law---Right of appeal was a very important right originating from the Injunctions of Islam-Suet an important right could not be denied on any technical ground and while interpreting a law, principle of advancement of remedy and suppression of mischief would have to be kept in mind-In the present case, appellant had no sufficient cause for not filing appeal within the period of limitation prescribed thereof---No case for admitting the appeal for hearing was made out even under…

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