AZIZ-UR-REHMAN HAMID vs CRESCENT COMMERCIAL BANK
This matter arises from a time-barred appeal before the Supreme Court of Pakistan, delayed by 35 days, accompanied by an application for condonation of delay under section 5 of the Limitation Act, 1908. The core legal question is whether the appellant's status as a layman constitutes a sufficient and recognized ground for condoning a delay in filing. The court held that the application for condonation of delay is not maintainable, and furthermore, that being a layman is not a ground recognized under the law to excuse delay. Consequently, the court dismissed the appeal on the ground of limitation. The key principle laid down is that ignorance of procedural law or the status of being a layman does not furnish a plausible or legally recognized ground for the condonation of delay under limitation laws.
- Is being a layman a recognized ground for condonation of delay under the law?
- Can an appeal delayed by 35 days be entertained without a plausible ground for condonation of delay?
- Section 5, Limitation Act 1908
ORDER
1. This appeal is barred by 35 days: An application under section 5 of the Limitation Act, 1908 for condonation of delay has been moved. Firstly it is to be seen that this application is not maintainable. However, if the same is treated maintainable, even then the ground urged therein seeking condonation of delay is not recognized under the law namely that appellant is a layman, therefore, we are of the opinion that no plausible ground for condonation of the delay of 35 days has been made out. As such the same is dismissed on the ground of limitation.
Cited by 4 cases
- Mst. Bisma Noureen vs Federation Of Pakistan through Secretary, Ministry 2023 CLC 110
- Deedar Ali Issran vs Abdul Wahid and others 2022 SHC 248
- Nasar Hayat vs Waseem Iqbal And Other K.L.R. 2012 Criminal Cases 97
- Messrs PEHLWAN MARBLE FACTORY through Muhammad Asif vs THE STATE 2011 P Cr. L J 200