Law:

Section:

(a) Civil Procedure Code (V of 1908)----- ----O. XLII, R.2---Appeal before the High Court against the and decree passed by the First Appellate Court was not accompanied by the certified copy of the of the Court of first instance as required by O.XLII, R.2, C.P.C.---Appellants submitted an application praying that the certified copy would be submitted "as soon as available" and the filing of certified copy of the and decree of the Trial Court be dispensed with "for the time being"---Said application accompanied the memorandum of appeal filed in the High Court and the High Court passed no order on the said application and thus the filing of a certified copy of the of the Court of first instance alongwith the memorandum of appeal was not dispensed with---Appellants, however, took no steps to seek an order on the said application for more than 13 years nor did they take any steps during all these long years to place the requisite copy of the of Trial Court on record--­Respondents after 13 years of filing of the regular second appeal in question raised a preliminary objection regarding the maintainability of the said appeal, on account of non-compliance of the mandatory requirements of O.XLII, R.2, C.P.C.---Appellants, however, complied with the mandatory requirement of law after a period of 14 years of the filing of the appeal and after five months of raising objection by the respondent---High Court had passed no order before or after the prescribed period of limitation allowing the filing of the copy of in question and dismissed the appeal mainly on the ground that the appeal was barred by limitation---Validity---Case of the appellants being one of gross negligence in filing and prosecution of their appeal before the High Court, Supreme Court declined, to grant leave to appeal to the appellants as they were not worthy of any sympathy or. leniency--­High Court had rightly exercised its discretion against the appellants to which no exception could be taken---Petition for leave to appeal was dismissed. Muhammad Iqbal and others v. Khan Muhammad. and others PLD 1999 SC 35 distinguished. Jumma and another v. Manzoor 1988 SCMR 1958 applied. (b) Civil Procedure Code (V…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492