| Case ID |
2548e7f3-4aba-411f-bc71-e99db9584600 |
| Body |
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| Case Number |
R.F.A. No. 19-B of 2011 |
| Decision Date |
Jun 09, 2014 |
| Hearing Date |
Jun 09, 2014 |
| Decision |
The appeal was dismissed by the Peshawar High Court due to the appellant's failure to adequately explain the delay in filing the appeal after proceeding in the wrong forum, which was the District Court. The court determined that the time consumed in pursuing the appeal in the wrong forum could not be excluded under Section 14 of the Limitation Act, as the provisions of Section 14 specifically do not apply to appeals. The appellant was required to demonstrate due diligence and good faith in prosecuting the remedy before the wrong forum, which was not established. Consequently, the court ruled against the appellant's request for condonation of delay, leading to the dismissal of both the appeal and the application for condonation. |
| Summary |
In the case of R.F.A. No. 19-B of 2011, the Peshawar High Court dealt with issues surrounding the Limitation Act and the jurisdiction of courts. The appellant, Ameerullah Khan, contested the decision made by the trial court in favor of Mst. Nisar Begum regarding property ownership and the execution of a gift deed. The critical legal question centered on whether the appellant could successfully appeal after having filed in a court without jurisdiction, which was the District Court. The High Court found that the delay in filing the appeal was not excusable under the Limitation Act, particularly under Sections 5 and 14, as the appellant failed to provide sufficient reasons for the delay. The ruling emphasized the importance of understanding proper forum jurisdiction and the consequences of negligence in legal proceedings. This case illustrates the strict adherence to procedural timelines and the necessity for litigants to be aware of jurisdictional boundaries in their appeals, serving as a significant reminder for legal practitioners about the implications of filing in the wrong court. Keywords: Limitation Act, jurisdiction, appeal, Peshawar High Court, legal negligence, procedural timelines, property dispute. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD DAUD KHAN, J
|
| Lawyers |
Shauket Hayat Khan Khakwani,
Hamayun Wazir,
Aziz-ur-Rehman
|
| Petitioners |
AMEERULLAH KHAN
|
| Respondents |
Mst. NISAR BEGUM
|
| Citations |
2016 SLD 617,
2016 PLD 49
|
| Other Citations |
Ghulam Ali v. Akhar alias Akoor and other PLD 1991 SC 957,
Raja Karamatullah and others v. Sardar Muhammad Sakheera 1999 SCMR 1892,
Mst Mussarat Ara Khanum v. Umeed Ali and others PLD 1999 Quetta 36,
Government of N.-W.F.P. and others v. Akbar Shah 2010 SCMR 1408,
Mst. Bas Khan and others v. Muhammad Rais Khan and others PLD 2005 Pesh. 214,
Sher and others v. Fazal Muhammad and others 1995 SCMR 584,
Taza Gul and others v. Haji Fazal Subhan 2006 SCMR 504,
Dilawar Shah v. Nasrullah Khan PLD 2011 Pesh. 256,
Haji Zabta Khan v. Dr. Ahmad Ali Siraj and others 2014 YLR 1015,
Muhammad Hussain and others v. Settlement Commissioner and others 1982 SCMR 425,
Mian Muhammad and others v. Additional Commissioner/Settlement Commissioner Rawalpindi and others 1991 SCMR 520,
Sherin and others v. Fazal Muhammad and others 1991 SCMR 1679,
Ismail v. Subaidar Gul Inayat Shah PLD 1991 SC 997,
Abdul Ghani v. Ghulam Samar PLD 1977 SC 102,
Doctor Syed Sabtain Raza Naqvi v. Hydro Corbon Limited and others 2012 SCMR 377
|
| Laws Involved |
Limitation Act (IX of 1908),
West Pakistan Civil Courts Ordinance (II of 1962)
|
| Sections |
5,
14,
18
|