Law: Limitation Act, 1908

Section: 5

Law: Limitation Act, 1908

Section: 5

Law: High Court (Lahore) Rules and Orders

Section: 1,2,Chapter3-B,Volume-I

(a) Limitation Act (IX of 1908)-------S. 5 & Art.156---High Court (Lahore) Rules and Orders, Vol.I. Chap.3-B, Rr.1 & 2---Filing of first appeal in High Court after return of memorandum of appeal by District Judge for lacking pecuniary jurisdiction---Application for condonation of delay---Plea of appellant was that in filing appeal before District Judge, he was misled by decree-sheet drawn by Trial Court not containing valuation of suit for purposes of court-fee and jurisdiction; and that before proceeding further in appeal, District Judge was legally required to ascertain his pecuniary jurisdiction and in case of any doubt should have sent for record of Trial Court for such purpose---Validity---In case of appeal being barred by time, right would accrue in favour of respondent, which could not be lightly interfered with, unless there was sufficient grounds for condonation of delay---Both Trial Court and District Judge by failing to perform their such legal obligations had contributed in lapse of appellant in choosing a wrong forum---If Trial Court had mentioned jurisdictional value on decree-sheet, then District Judge on presentation of appeal would have immediately returned the same to High Court---Appeal remained pending with District Judge for about 143 days, thus, there was contributory lapse on his part in mishandling appeal and its returning with such delay---High Court accepted such application in circumstances. 1995 SCMR 584 rel. (b) Administration of justice--- ----Litigant must be vigilant in pursuit of his rights---Courts must be careful in handling cases strictly in accordance with law. Muhammad Ameer Bhatti for Applicant/Appellant. Amin-ud-Din Khan for Respondents. ORDER Civil Miscellaneous No.2/C of 2007 On 29-10-2008, before the learned counsel for the appellant could open his case, learned counsel for respondent No.1 raised a preliminary objection to the effect that instant appeal is barred by time. Appellant had filed Civil Miscellaneous No.2 of 2007 for the condonation of delay, therefore, arguments were partly heard on the said date and the case was adjourned for 30-10-2008 and detailed arguments were heard on this application. We…

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