PESCO vs Dr — 2026 PLD 125 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 PLD 125 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: PLD
Parties: PESCO vs Dr
Subject matter: Civil
Provisions referred to: S. 5---C; S. 5; 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

PESCO VS Dr. KASHMALA ORAKZAI S.5---Condonation of delay---Sufficient cause---Scope---Application for condonation of delay filed by the plaintiff along with application for restoration was dismissed by the Trial Court---Defendant approached High Court as the Appellate Court allowed condonation of delay---Validity---Record reveals that the ground of plaintiff's ailment from cancer was mentioned as the cause---Appellate Court considered said ground "sufficient cause" for explanation of the 22 days delay occasioned in filing the application for restoration---Section 5 of the Limitation Act, 1908, vests the Court with vast discretion to condone delay in case where the Court is satisfied that the application seeking condonation of delay discloses "sufficient cause" by accounting for each day's delay---The present case falls in the category of cases where S.5 of the Limitation Act, 1908, is applicable and the Court while taking all the relevant facts and circumstances into account reached the conclusion that the delay of 22 days in filing application for restoration of suit was condonable as the plaintiff was prevented from approaching the Court within time due to severe illness from cancer---This was "sufficient cause" in the given circumstances---No jurisdictional defect or illegality in the exercise of discretion by the Appellate Court had been pointed out---Revision petition, being merit-less, was dismissed, in circumstances.

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