| Case ID |
17464ee1-ac75-4a5a-88a9-83df2b0bc5cf |
| Body |
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| Case Number |
Civil Revision No.88-D of 2013 |
| Decision Date |
Jul 31, 2013 |
| Hearing Date |
|
| Decision |
The revision petition was dismissed as the petitioner failed to provide sufficient evidence to support his claim of illness which allegedly prevented him from filing the appeal on time. The court emphasized that the petitioner must explain the delay for each day and must substantiate claims with appropriate documentation. Without such evidence, mere oral statements were insufficient for condoning the delay. The appellate court's decision to dismiss the appeal due to being time-barred was upheld. |
| Summary |
This case involves a civil revision petition regarding the Limitation Act (IX of 1908). The petitioner, MUHAMMAD YAMEEN, sought to condone the delay in filing an appeal against a judgment that ordered him to pay outstanding rent and other costs. The Peshawar High Court, presided by LAL JAN KHATTAK, J., dismissed the revision petition, ruling that the petitioner did not provide adequate evidence of his illness to justify the delay. The court highlighted the necessity of documenting any claims of incapacity to file appeals within the statutory time limits. The ruling reinforces the importance of adhering to procedural requirements in civil litigation, particularly in regard to the timely filing of appeals and the substantiation of claims made by petitioners. This case serves as a pertinent reminder for litigants to maintain thorough records and to be prepared to substantiate claims with credible evidence. Legal practitioners should take note of the court's strict adherence to procedural rules, particularly in cases involving the Limitation Act, to ensure that appeals are not dismissed on technical grounds. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
LAL JAN KHATTAK, J.
|
| Lawyers |
|
| Petitioners |
MUHAMMAD YAMEEN
|
| Respondents |
DISTRICT EXECUTIVE OFFICER SCHOOLS AND LITERACY, D.I. KHAN
|
| Citations |
2014 SLD 1389,
2014 YLR 381
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
5
|