| Case ID |
140e4d77-e306-4321-b29b-60bb91e502be |
| Body |
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| Case Number |
Regular Second Appeal No. 80 of 1990 |
| Decision Date |
Jun 22, 1994 |
| Hearing Date |
Jun 22, 1994 |
| Decision |
The appeal was dismissed on grounds of limitation as the appellant failed to provide a reasonable case for condonation of delay. The court found that the only reason provided for the delay was the late receipt of the Vakalatnama, which was actually received within the limitation period. The appellant did not explain why the appeal was not filed immediately after the Vakalatnama was received, nor did the application for condonation include supporting affidavits. Therefore, the initial dismissal of the suit by the learned Senior Civil Judge and the subsequent dismissal of the appeal by the Additional District Judge were upheld. |
| Summary |
This case involves the Islamic Republic of Pakistan as the appellant against Abdul Aziz, a contractor, in a civil appeal concerning a contract dispute. The appellant sought recovery of a sum due under contracts for the supply of goods, which the respondent failed to deliver despite multiple reminders. The case was dismissed initially due to limitations, with the appeal also being dismissed for similar reasons. The court emphasized the necessity for the appellant to provide cogent reasons for the delay in filing the appeal, which was not satisfactorily done, leading to the final decision against the appellant. This case highlights the importance of adhering to procedural timelines in legal proceedings, especially in contract disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalid Paul Khawaja, J
|
| Lawyers |
Faqir Muhammad Khokhar, Dy. A.G. for Appellant,
Hakim Sardar Muhammad Khan,
Rao Muhammad Saleem Khan for Respondent
|
| Petitioners |
Islamic Republic of Pakistan through Commanding Officer
|
| Respondents |
Abdul Aziz, Contractor
|
| Citations |
1995 SLD 986,
1995 PLD 492
|
| Other Citations |
Assistant Collector, Central Excise and Land Customs (Lahore Division) v. The Sky Room Limited 1988 SCMR 1229,
Government of Balochistan v. Abdul Nabi and another 1988 SCMR 1906,
Pakistan through Secretary, Ministry of Defence v. Messrs Azhar Brothers Limited 1990 SCMR 1059,
Pakistan Post Office v. Settlement Commissioner and others 1987 SCMR 1119,
Deputy Collector of Customs and 2 others v. Muhammad Tahir and another PLD 1989 SC 627
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
5
|