| Case ID |
43c9c27f-3284-4f35-a8af-d1ad55bc0a4f |
| Body |
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| Case Number |
Civil Miscellaneous Application Nos. 4082 to 4084 |
| Decision Date |
Mar 28, 1995 |
| Hearing Date |
|
| Decision |
The application for condonation of delay in filing the CMA was dismissed. The court found that the defendant failed to provide a satisfactory explanation for the delay in filing the application to set aside the ex parte decree. The defendant's claims of improper service and non-cooperation of government officials were not substantiated. The court emphasized that the defendant must explain each day's delay, which was not adequately demonstrated. Consequently, the application under Order IX, Rule 13 of the Civil Procedure Code was also dismissed as it was barred by time. |
| Summary |
In the case of Metropolitan Steel Corporation vs. Federation of Pakistan, the Sindh High Court examined the application for condonation of delay in filing a Civil Miscellaneous Application (CMA) to set aside an ex parte decree. The court highlighted the importance of timely legal action and the stringent requirements under the Limitation Act. Despite the defendant's claims regarding service and non-cooperation from government officials, the court found that the defendant was aware of the proceedings and failed to justify the delay. The ruling underscores the necessity of diligence in legal matters and the consequences of failing to adhere to procedural timelines. This case serves as a critical reminder for legal practitioners to ensure compliance with procedural rules to avoid adverse outcomes. Keywords: condonation of delay, ex parte decree, Civil Procedure Code, Limitation Act, Sindh High Court, legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HUSSAIN ADIL KHATRI, J
|
| Lawyers |
Muneer-ur-Rahman for Plaintiff,
Akhlaq Ahmad Siddiqui for Defendant No. 1,
M.G. Dastgir for Defendant No. 4
|
| Petitioners |
METROPOLITAN STEEL CORPORATION
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad High Court and 3 others
|
| Citations |
1995 SLD 1137 = 1995 CLC 1346
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
Order IX, Rule 13,
Section 5
|