Sunday, September 4, 2011

APPLICATION U/S. 5 OF LIMITATION ACT

BEFORE THE  FEDERAL SERVICE TRIBUNAL KARACHI
Service Appeal No. 88 (K-CE) of 2000

Daudpoto                    ……………………………………….                       APPELLANT


VERSUS

The President,
Habib Bank Ltd.,
Head Office Karachi and 2 others  ……………………...                  RESPONDENTS



APPLICATION  UNDER SECTION 5 OF LIMITATION ACT

            For the reasons, circumstances and facts disclosed in accompanying affidavit, it is prayed for and on behalf of the Appellant above named that this Hon'ble Tribunal may be pleased to condone delay if any for filing the application for restoration of the service appeal of the appellant in the interest of justice.

Prayed accordingly in the larger interest of justice.

Karachi.
Dated:       -7-2004.
S.M. ZUBAIR
Advocate for the Appellant


BEFORE THE  FEDERAL SERVICE TRIBUNAL KARACHI
Service Appeal No. 88 (K-CE) of 2000

Daudpoto                    ……………………………………….                       APPELLANT


VERSUS

The President,
Habib Bank Ltd.,
Head Office Karachi and 2 others  ………………………..                  RESPONDENTS


A F F I D A V I T

            I, Daudpoto son of Muhammad, Muslim, adult, resident of Karachi, do hereby state on oath as under:-
1.                  That I am appellant in the above matter as such am fully conversant with the facts of the case.

2.                  That I say that the accompanying application for condonation of delay for filing restoration application of service Appeal has been drafted under my instructions and is being file today.

3.                  That I say that I am patient and often remain ill and some time I confined to bed and remains unable to move and walk.

4.                  That I say that on 31-5-2003, I as usual fell ill and confined to bed and was unable to the even outside my home and thus I could not informed to my younger brother or to contact my advocate for attending this Hon'ble Tribunal on 2-6-2004, on the date of hearing before this Hon'ble Tribunal resulting which the restoration application and main service appeal as well was dismissed in non prosecution. 

5.                  That I say that I had not been feeling well and was unable to walk and moved and this is why I could not attend my self before  the date of hearing i.e. 2-6-2004, and I informed accordingly to my younger brother and he had been attending the Hon'ble Tribunal.  

6.                  That I say that on 2-6-2004, I was ill and I could not informed even to my younger brother to attend this Hon'ble Tribunal as the circumstances beyond control of mine and this was neither intentionally nor deliberately.  

7.                  That unless the application is granted I shall be suffered irreparable loss and shall be prejudiced adversely, being poor person shall be deprive and debarred from my personal and constitutional rights.

8.                  Whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated:        -7-2004.
DEPONENT
The Deponent above named is identified by me.

SM ZUBAIR
ADVOCATE
           
            Sworn before me on oath here at Karachi, on this ______ day of July, 2004, by the deponent above named, who is identified to me by Mr. SM ZUBAIR Advocate, who is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVIT

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