| Citation(s) |
|---|
| 2001 SLG 1465 2001 SLD 1465 2001 SCMR 1254 |
Supreme Court of Pakistan
Civil Petition No. 70-K of 1997, decision dated: 29-04-1997. (On appeal from the order dated 4-4-1997 of the Sindh High Court passed in Miscellaneous Appeal No. 6/1997)
SAJJAD ALI SHAH, C.J., SAIDUZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners
Civil Petition No. 70-K of 1997, decision dated: 29-04-1997. (On appeal from the order dated 4-4-1997 of the Sindh High Court passed in Miscellaneous Appeal No. 6/1997)
SAJJAD ALI SHAH, C.J., SAIDUZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners
ABDUL MAJEED and another
VS
GHULAM HAIDER and others
Law:
Section:
(a) Limitation Act (IX of 1908) Ss. 5 & 14Delay, condonation ofWrong advice of counsel Ill-advice even by a lawyer was not a ground for extension of time of limitation either under S.5 or S.14 of Limitation Act, 1908. Chief Administrator of Auqaf v. Muhammad Ramzan PLD 1991 SC 102; Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102; Raj Muhammad v. Mst. Chan Bibi 1984 SCMR 1068; Mian Aizad Bakhsh v. Sheikh Muhammad Afzal 1985 SCMR 1003; Islam Din v. Allah Nawaz 1988 SCMR 2; Chief Administrator of Auqaf v. Pir Aftab Hussain 1989 SCMR 606 and Manzoor Hussain v. Muhammad Ali 1989 SCMR 1498 ref. (b) Limitation Act (IX of 1908) S.5Delay, condonation ofSufficient causeWrong advice of counsel Institution of appeal in wrong forumEffectWhere the litigant and the counsel had acted with due care and caution and their conduct did not smack of negligence institution of appeal in wrong forum could constitute a sufficient cause within the meaning of S.5 of Limitation Act, 1908. (c) Specific Relief Act (I of 1877) Ss. 12 & 42Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2Interim injunction, grant ofUnregistered agreement to sell, preference over a registered saledeedInstead of filing suit for specific performance of agreement to sell, the plaintiff had filed the one for declarationAgreement was unregistered document whereas the defendant had registered saledeed in his favourTrial Court refused to issue interim injunction in favour of the plaintiff which order was maintained by Lower Appellate Court as well as by High CourtValidityNo prayer was made for specific performance of the agreement of sale and only declaration had been sought on the basis of unregistered document whereas saledeed in favour of the defendant was a registered oneOrder of Trial Court did not call for interferenceLeave to appeal was refused. ORDER NASIR ASLAM ZAHID, JThis petition has been filed seeking leave against the order dated 441997 of a learned Single Judge of the Sindh High Court dismissing -Petitioners/plaintiffs Miscellaneous Appeal filed against the order dated 181995 of the trial Court dismissing application of the -Petitioners for grant of temporary injunction in the suit filed by…
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