DIRECTOR GENERAL CIVIL AVIATION AUTHORITY vs MUHAMMAD DAWOOD Ss — 2021 YLR 848 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 848 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: DIRECTOR GENERAL CIVIL AVIATION AUTHORITY vs MUHAMMAD DAWOOD Ss
Subject matter: Civil
Provisions referred to: S. 96---L; S. 5---S; S. 5; Civil Procedure Code (V of 1908); Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DIRECTOR GENERAL CIVIL AVIATION AUTHORITY VS MUHAMMAD DAWOOD Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 96---Limitation Act (IX of 1908), S. 5---Suit for declaration, permanent injunction and recovery of damages--- Appeal--- Limitation---Condonation of delay---Contention of plaintiff was that defendant had violated terms and conditions of contract---Defendant adjusted security amount deposited by the plaintiff against outstanding amount due against the plaintiff---Suit was dismissed concurrently---Validity---Defendant had neither given any particular of outstanding amount in his written statement nor given any break-up about the said outstanding---No documentary evidence had been produced by the defendant to the extent of his claim of outstanding amount---Reason given in the application for condonation of delay that time was spent in obtaining sanction for filing of appeal was not supported by any document---Said reason was not sufficient within the meaning of S.5 of Limitation Act, 1908---Trial Court passed impugned judgment and decree on 28.05.2012 and defendant applied for certified copy on 10-07-2012 which was provided on 31-08-2012---Appeal filed by the defendant before the Appellate Court was barred by time---Defendant had failed to point out any illegality or irregularity in the impugned judgments and decrees passed by the Courts below---Revision was dismissed, in circumstances.

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