ORDER M. HUSSAIN ADIL KHATRI, J. - This application has been filed under section 5 of the Limitation Act for condonation of delay in filling CMA No.4082/94, under Order IX Rule 13, CPC for recalling and setting aside judgment and decree dated 26.8.1993.
CMA No.4082/94 was filed on 13.9.1994. The grounds taken for condonation of delay arc (i) that defendant No. 1 was served through District Judge. Rawalpindi and not through District Judge, Islamabad and as such the service of summons was not proper and (ii) after 16.12.1992. The matter was taken up by the Additional Registrar on 1.2.1993 and 8.3.1993 bit- no efforts were made to get the defendants served for the aforesaid dates.
2. I heard Mr. Akhlaq Ahmed Siddiqui, learned counsel for defendant No.1, who urged the above grounds and further stated that Mr. M. Mirani, Section Officer of defendant No.1 could not file the written statement due to noncooperation of some departments and also because of non- cooperative attitude of the Standing Counsel and the Deputy Attorney General in the years 1992 and 1993.
3. In the application filed for condonation of d The further ground urged that the representative defendant No, I could not file the written statement because of non-cooperative on the part of the Standing Counsel and the Deputy Attorney General, is also a vague ground. Even otherwise these are the allegations by defendant No.1 against the functionaries of the Federal Government and cannot be taken as a ground for condonation of the delay, particularly in absence of any details with regard to the dates when they contacted the aforesaid officers. No correspondence iii this regard has been placed on record.
Under section 5 of the Limitation Act, the defendant is require to explain each day's delay. The defendant having failed to give explanation for each day's delay, has failed to make out a case for condonation thereof. The application is. Therefore, dismissed. Consequently application under Order IX Rule 13, CPC is dismissed being barred by lime and CMA No.4082/94 is dismissed having become infructuous.