| Case ID |
1ab8576e-c11d-40cd-93c2-d37399983396 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision Application No. 45 and Civil Miscel |
| Decision Date |
Jul 04, 1997 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the Civil Revision Application filed by the applicants on the grounds that the appeal was hopelessly time-barred. The court found that the applicants had failed to take prompt action after being advised to file their appeal in the High Court instead of the District Court. The High Court emphasized that the wrong advice of counsel was not sufficient to justify the delay in filing the appeal. The court reiterated established principles regarding negligence by counsel and the necessity for due diligence in legal proceedings. The applicants were deemed grossly negligent in their actions, leading to the rejection of their application for condonation of delay. |
| Summary |
In the case of Sindh High Court Civil Revision Application No. 45 and Civil Miscellaneous Application No. 211 of 1993, the court addressed the issue of delay in filing an appeal. The applicants, MITHAN and others, sought to condone the delay in appealing against a decree from the trial court, alleging they acted on the wrong advice of their counsel. The case highlighted the importance of understanding legal jurisdiction and the consequences of negligence by legal representatives. The court ruled that the advice given by counsel, while potentially sincere, did not excuse the substantial delay that occurred. The judgment emphasized the necessity for both litigants and their counsel to exercise due diligence and care in legal matters. The court's decision reaffirmed that wrong advice from a lawyer cannot serve as a valid reason for condoning delays in legal proceedings, particularly when the parties had ample opportunity to rectify the situation. This case serves as a critical reminder for legal practitioners and clients alike to ensure proper legal procedures are followed to avoid adverse outcomes. Keywords include 'legal negligence', 'condonation of delay', 'jurisdictional issues', 'Sindh High Court', and 'Limitation Act'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RASHEED AHMED RAZVI, J
|
| Lawyers |
Partab Rai,
Hasan Mehmood Baig
|
| Petitioners |
MITHAN and 4 others
|
| Respondents |
Mst. JAMEELA and 7 others
|
| Citations |
1997 SLD 875,
1997 CLC 1885
|
| Other Citations |
1995 SCMR 584,
1982 SCMR 1105,
1986 SCMR 1994,
1987 CLC 2018,
1975 SCMR 259,
PLD 1977 SC 102,
PLD 1991 SC 957,
PLD 1983 SC 385,
1990 SCMR 768
|
| Laws Involved |
Limitation Act, 1908
|
| Sections |
5,
14
|