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
<!--04047d954f298406c70f609d6a8301d5-->
