Application U/S. 5 of Limitation Act

IN THE COURT OF DISTRICT JUDGE

AT KARACHI CENTRAL

Family   Appeal #         /2002

Muhammad Zahid                  VERSUS                   Mst. Sajada                  

APPLICATION UNDER SECTION 5

OF THE LIMITATION ACT, 1908

1.                 That  the impugned judgment was announced on 15-12-2001 and decree was drawn on 22-12-2001.

2.                 That the appellant was at Rawalpendi and he was not informed by his counsel for disposal of this case.

3.                 That the appellant is serving at Rawalpendi in Pakistan Telecommunication Limited Company as Telephone Operator.

4.                 That the appellant was effected from both of his heels and Dr. Khuram Habib Orthopaedics Surgeon advised him to take bed rest for 10 days that is from 15-01-2002 to 25-01-2002. The appellant joined his office on 26-01-2002. On 27-01-2002 there was holiday that is Sunday. On 28-01-2002 the appellant approached his doctor, he gave medicines etc and  said that you can leave the station, if there is some

emergency.  

5.                 That at noon, on 28-01-2002, sister of the appellant died and she was buried on 9.00 pm of same day.  On 30-01-2002 the appellant attended the soyem of his sister and on urgent basis got death certificate on 31-01-2002.

6.                 That on 31-01-2002, the appellant left Rawalpendi for Karachi for preferring this appeal and he reached here on 01-02-2002 by Awam Express at about 5:30 pm. The appellant located his previous counsel as case file was available with him but appellant could met him on 01-02-2002, but he was not agreed to prefer  this appeal as appellant was informed that his licence has been cancelled but he did not handover certified copy of impugned judgment and decree. The appellant engaged an other counsel namely Mr. Ashraf Ali, who took one day that is 02-02-2002 for  preparation of this appeal. On 03-02-2002 there  was Sunday, thus this appeal is being preferred on 04-02-2002. (Photo state of medical certificates, Ex-Ray of both heels and old certificate dated 23-11-2001,  death certificate and affidavit of New Counsel appended herewith and marked as ‘A’ to ‘F’).

In the light of above facts and circumstances it is most respectfully submitted on behalf of the appellant of the above named that this Honorable court may be pleased to excuse/condone the delay in filling of this appeal as the appellant have sufficient cause for not preferring this appeal in this Honorable court within time as incorporated above.

Prayer is made in the greater interest of justice and equity.

Karachi                                                                                               Advocate for the Appellant

Dated: 04-02-2002     

 

AFFIDAVIT

I, Muhammad son of  Muhammad Qureshi, Muslim adult resident of Rawalpendi, presently at Karachi do hereby state on oath as under:-

1.                 That I am appellant in the above matter and am fully conversant with the fact of this appeal and able to depose the same.

2.                 That accompanying application under section 5 of The Limitation Act, 1908 has been drafted and filed by my counsel under my specific instructions, contents therein are true and  correct to the best of my knowledge, information and belief.

3.                 That for the sake of brevity, I adopt the contents of accompanying application as an integral part and parcel of this affidavit and in order to avoid duplication do not repeat the same.

4.                 That I shall be seriously prejudiced and suffer an irreparable loss until accompanying application  is granted.

5.                 That whatever stated above is true and correct to the best of my knowledge, information and belief.

Karachi.                                                                                                                               Deponent

Dated: 04-02-2002.

Identified by me

Advocate

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