Mst. EIDO vs ABDUL GHAFFAR And Other
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which dismissed the petitioner's Regular First Appeal in a suit for specific performance. The petitioner had originally filed an appeal before the District Judge, which was returned due to a lack of pecuniary jurisdiction. Subsequently, the petitioner filed an appeal before the High Court along with an application under Section 14 of the Limitation Act, 1908, seeking to exclude the time spent pursuing the appeal in the wrong forum on the grounds of a bona fide mistake and incorrect legal advice. The High Court dismissed the appeal in limine. The Supreme Court of Pakistan granted leave to appeal to determine whether the period spent pursuing the appeal in the Court of the Additional District Judge qualifies for the benefit of Section 14 of the Limitation Act, 1908, specifically addressing whether a mistake of counsel regarding the appropriate forum constitutes a bona fide error sufficient to warrant the exclusion of time for limitation purposes.
- Does the time spent pursuing an appeal in a court lacking pecuniary jurisdiction qualify for the benefit of Section 14 of the Limitation Act 1908?
- Can a mistake of counsel regarding the appropriate appellate forum be considered a bona fide error for the purposes of condoning delay?
- Section 14, Limitation Act 1908
ORDER
1. S. USMAN ALI SHAH, J: --Leave to appeal has been sought by Mst. Eido petitioner against the judgment of the Lahore High Court dated 28-9-1985, whereby her Regular First Appeal, arising out of suit for specific performance, was dismissed.
2. The plaintiff/petitioner filed a suit for specific performance of a compromise entered between the parties that the respondent No.1 should pay Rs.15,000 in lieu of the land which he had promised to transfer in favour of the petitioner. The suit after contest by the respondent was dismissed on 22-4- 1984. The petitioner filed appeal before the District Judge Gujrat which came up for hearing before the Addl. District Judge, who vide his order dated 10-6-1985 returned the memo. Of appeal to the petitioner, for want of pecuniary jurisdiction. The petitioner then filed a Regular First Appeal before the Lahore High Court, Lahore on 12-6-1985, alongwith an application under section 14 of the Limitation Act. A learned Division Bench of the High Court vide its order dated 28-9-85 dismissed the same in limine.
3. We have heard the learned counsel for the petitioner and gone through the findings of the Courts below. The question involved in this petition is, whether the period spent in pursuing the appeal in the Court of Addl. District Judge would give the benefit of section 14 of the Limitation Act to the petitioner, as alleged that the appeal was filed on the bona fide mistake and on the wrong advice of the counsel of the petitioner. This question needs consideration of this Court, therefore, vie grant leave to appeal.
4. Security is Rs.5,000.
5. Appeal should be ready on the present record with direction to parties to file additional necessary documents, if any.