Case law on application of condonation of delay .

Condonation of delay application 

In this case, the plaintiff's case was dismissed by the Civil Court. Instead of appealing to the High Court, the plaintiff appealed to the District Court, which took about a year and was eventually returned. The plaintiff then tried to exclude this time period from the appeal to the High Court. The court held that following legal timelines isn't just a technicality; it's essential. The Limitation Act doesn't excuse carelessness. The plaintiff's request to exclude the time spent in the wrong forum was dismissed. The case details are from R.F.A. No.51 of 2023, Ayaz Mehmood vs. Musadaq Riaz and 2 others, 2024 CLC 357.

Application for enlargement of time by excluding the time period of pursuing the case before wrong forum / Court --- Condonation of delay --- " Sufficient cause " --- Suit instituted by the plaintiff ( appellant ) was dismissed by the Civil Court , however , Instead of filing appeal before the High Court , he filed appeal before the District Court which remained pending for about one year and finally the appeal was returned under O.VII , R.10 of the C.P.C .--- Appellant / plaintiff while preferring appeal before the High / Appellate Court also moved an application for excluding the period of pursing the remedy before the District Court --- Contention of the applicant / appellant that the cases should be decided on the basis of merits rather than technicalities --- Held , that the contention of the applicant / appellant was misconceived as availing the remedy within the period provided by law was not merely a technicality --- Section 5 or S.14 of the Limitation Act , 1908 , was not intended to add premium to the carelessness or to validate lack of vigilance and required caution by a litigant --- Application for enlargement of time by excluding the time period of about one year for pursuing remedy before wrong forum , filed by the appellant , had no substance , therefosre , the same was dismissed.

R.F.A. No.51 of 2023

AYAZ MEHMOOD versus MUSADAQ RIAZ and 2 others 

2024 C LC 357

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