KHALIL AHMED vs DISTRICT REGISTRAR FOR REGISTRATION S — 2024 CLC 1135 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLC 1135 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLC
Parties: KHALIL AHMED vs DISTRICT REGISTRAR FOR REGISTRATION S
Provisions referred to: S. 5---F

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

KHALIL AHMED VS DISTRICT REGISTRAR FOR REGISTRATION S. 5---Filing of appeal, delay in---Condonation---Sufficient cause---Scope---Sole ground on which the delay was sought to be condoned was that due to some symptoms of Covid-19, the attorney had been advised by his doctor to observe quarantine, not permitting him to enter the premises of the court---Attorney, in support of his contention, had filed a medical certificate purportedly issued to him, however, neither the name of the Attorney was mentioned in said certificate nor period / dates of quarantine had been mentioned---Moreover, the application for condonation of delay and its supporting affidavit were silent as to why the appellant himself was unable to present the appeal while his Attorney was observing quarantine---Appellant had not even filed his own affidavit explaining his disability for filing the appeal within time, therefore, the burden to explain the delay of each and every day had not been discharged by the appellant and/or his Attorney---Thus, the delay of four days in filing the appeal could not be condoned, for having been filed after the prescribed period of limitation, meanwhile valuable right had been created in favour of the respondents, and no sufficient cause was found for filing the appeal beyond the period of limitation---Application for condonation of delay was dismissed, resultantly the appeal was also dismissed.

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