Law: Limitation Act, 1908

Section: 5

Law: Limitation Act, 1908

Section: 5

Civil Procedure Code (V of 1908)-------Ss. 96 & 100---Limitation Act (IX of 1908), S.5---Second appeal---Condonation of delay---Proceedings before wrong forum---Effect---First appeal filed by appellant was returned by High Court for presenting the same before Appellate Court---Appellant filed the appeal before Lower Appellate Court with a delay of 28 months---Appellate Court dismissed the appeal filed by appellant being barred by limitation---Validity---Conduct of appellant and stress in prosecution of appeal before High Court was not bona fide---After first order of High Court for return of appeal, there was no valid reason for appellant to have filed application of re-admission of appeal and having delayed in approaching proper forum---Appellant had been prosecuting appeal before High Court without any probable cause and justified reasons---Time consumed in taking back the memorandum of appeal and refiling the same it before Lower Appellate Court was more than 28 months thus there was no justification to condone the delay---High Court declined to disagree with conclusions drawn by Lower Appellate Court in respect of conduct of appellant, who had rightly dismissed the appeal being barred by time---Second appeal was dismissed in circumstances. Sardar Mashkoor Ahmad for Appellant. Ch. Muhammad Akbar Gill for Respondent. Date of hearing: 21st November, 2008. JUDGMENT ZAFAR IQBAL CHAUDHRY, J.--- Through this R.S.A., the appellant has assailed the order of the learned Additional District Judge, Lahore dated 25-9-2006, whereby an application under section 5 of the Limitation Act filed by the appellant was dismissed having no merit and consequently their appeal was dismissed being time-barred. 2. Briefly, the facts of the case are that Umar Khan, the predecessor of the respondents had filed a suit for damages on account of his illegal dismissal from the post of Chief Manager, National Bank of Pakistan in the year, 1958. The suit was contested by the appellant. The learned trial Court decreed the same, vide judgment and decree, dated 29-6-1998 for a sum of Rs.11,15,941. The appellant feeling aggrieved filed R.F.A. No.337 of 1998 before this Court which was ordered…

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