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mubashar-us-saqib gill (advocate)     07 April 2017

Condonation of delay

A civil suit for specific performance was dismissed by the civil judge under order 17 rule 3 of C.P.C. Evidence of the plaintiff was not available after several opportunities were given to the plaintiff. The judge while closing right of evidence dismissed the suit.The plaintiff was living abroad and could not file appeal due to lack of information about the case. There is a delay of 9 months. What would be the fate of the appeal filed before the Lahore High Court. Whereas application for condonation of delay has been filed with the appeal mentioning therein that the plaintiff did not know about the dismissal of the case.


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 4 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     07 April 2017

Mian LawyersClubIndia likha hay.

1 Like

Kumar Doab (FIN)     07 April 2017

Some querist/authors/members have been posting from Paakistan.

They may guide the querist.

 

 

Kumar Doab (FIN)     07 April 2017

Originally posted by : mubashar-us-saqib gill
A civil suit for specific performance was dismissed by the civil judge under order 17 rule 3 of C.P.C. Evidence of the plaintiff was not available after several opportunities were given to the plaintiff. The judge while closing right of evidence dismissed the suit.The plaintiff was living abroad and could not file appeal due to lack of information about the case. There is a delay of 9 months. What would be the fate of the appeal filed before the Lahore High Court. Whereas application for condonation of delay has been filed with the appeal mentioning therein that the plaintiff did not know about the dismissal of the case.

 

Local vaakil sahib se mashwara kar lain.

Tushar Jha (Advisor)     08 April 2017

If I am not mistaken, then Civil Procedure Code, 1908 is same in Pakistan as in India. Only difference, is that certain amendments are different in case of Indian CPC and Pakistani CPC.

Regarding conding delay in filing appeal/suit, in India, a party can file delay condonation application under Section 5 of the Limitation Act, 1963. I am sure there must be some provision of the Law in Pakistan for filing delay condonation application.
According to Natural Law Philosphy, delay has to be condoned if the delay is due to some plausible reason. There is a legal maxim, Lex Non Cogit Ad Impossibilia which means 'the law does not compel a man to do that which is impossible'.
If it was not possible for a party to the suit to act or respond in timely manner, then he can be excused for that.


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