Pakistan Case Law← Search
1987 MLD 2866

Messrs MUSLIM TRADING COMPANY vs Messrs NAZIR COTTON TRADING

Citation1987 MLD 2866
CourtSindh High Court
Case No.High Court Appeal No,78 of 1985
Date1986-01-01
Judge(s)Muhammad Zahoor-ul-Haq, Syed Sajjad Ali Shah
ResultPetition dismissed

ORDER

1. ' MUHAMMAD ZAHOORUL HAQ, J.--This is an application under Section 5 of the Limitation Act seeking condonation of delay on the basis that the appellant had gone to Khirpur for some personal work on 20th April, 1985 and had fallen ill there and was confined to bed for more than 2 months and due to physical weakness he was unable to move and walk. There is no medical, certificate of any Doctor filed alongwith this affidavit and therefore it would be very difficult to believe the statement of the deponent that he was confined to bed for more than 2 months. The impugned order passed by the learned Single Judge was made on 17-4-85 and 6 days were taken in obtaining certified copies between 29-4-85 and 4-5-85. The High Court Appeal should have been filed maximum on 13-4-85 including 6 days taken in obtaining the certified copies. The appeal was however filed on 4-8-1985 and thus appellant had to explain a delay of more than 21 months but he has miserably failed to do so. He was required to explain every day's delay and therefore the delay between 13-5- 85 to 31-5-85 A when the court was open should have been sufficiently explained and supported by some documents but the same has not been done. Therefore, the further explanation of the appellant that he was told that the courts were closed between June and July 1985 is of no consequence. This application is therefore dismissed. The consequence of this order would be that the main High Court Appeal No,78/1986 is found to have been filed beyond time and consequently it is dismissed as barred by time.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search