Tuesday, December 4, 2012

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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Application for Validation of Cheque


IN THE COURT OF        RENT CONTROLLER
AT KARACHI SOUTH

MRC. APPL. #  1035/2008



Muhammad ZUBAIR                      VERSUS                              JALALUDDIN 



APPLICATION TO RE-VALIDATE

Cheque No. 3932061 of Amount Rs. 3400/=
Dated 06.11.2010.

It is repectfully submitted the the above-mentioned Cheque was issued by this Hon’ble Court in favour of the applicant,  in above-said MRC. Application, which was misplaced/lost by me, due to this reason I was not able to encash the said Cheque. Photocopy of Cheque is annexed herewith and marked as annexure “A”.
            So, It is most repectfully prayed that this Hon’ble Court   may be pleased to Revalidate the above said Cheque.
          Prayed accordingly in the interest of justice.
Karachi.
Dated: 06/12/2012.
--------------------
APPLICANT
 
 AFFIDAVIT

I, Muhammad Zubair, Muslim adult resident of Karachi do hereby state on oath as under:-

1.                 That I am applicant in the above matter and am fully conversant with the fact of this application.


2.                  That accompanying application has been drafted and filed by me,the 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.

4.                  That I shall be seriously prejudiced and suffer 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: 06-12-2012


Application For Exemption For Filling Certified Copy Of Judgement/Decree & Court Fee


IN THE COURT OF DISTRICT JUDGE
AT KARACHI CENTRAL


Family   Appeal #         /2002



Muhammad Zahid            Vs.          Mst. Sajada                  


APPLICATION  FOR  EXEMPTION

FROM FILING CERTIFIED COPY OF

JUDGMENT/DECREE AND COURT FEE 


It is most respectfully submitted that this Honorable court maybe pleased to exempt the appellant from filing certified copy of impugned judgment/decree as the same is with the previous counsel of the appellant and he is not handing over the same to the appellant for some reasons and the appellant is not in position to comply with the demands of his previous counsel.

It is further prayed that for the time being until  application of the appellant filed under section 5 of The Limitation Act, 1908 is not granted, appellant may be exempted from filing court fee as he undertakes that if  application for condonation of delay is granted, he will pay the required court fee on the memo of appeal.

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 for exemption from filing certified copy  judgment/decree 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 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