CAPITAL DEVELOPMENT AUTHORITY (CDA), through Chairman, Islamabad vs Dr — 2026 SCMR 1033 SUPREME-COURT

Case information

Citation: 2026 SCMR 1033 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: CAPITAL DEVELOPMENT AUTHORITY (CDA), through Chairman, Islamabad vs Dr
Subject matter: Criminal
Provisions referred to: S. 5; 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

CAPITAL DEVELOPMENT AUTHORITY (CDA), through Chairman, Islamabad VS Dr. SHEIKH MUHAMMAD SHOAIB SHAFI. O.IX, R.13---Limitation Act (IX of 1908), S. 5 & First Sched., Art.164---Ex-parte decree---Setting aside of---Limitation, computation of---Condonation of delay---Under Article 164 of the Limitation Act, 1908, thirty days'' time is provided for setting aside an ex-parte decree and the starting point of limitation is from the date of decree or, where the summons was not duly served, when the applicant has knowledge of the decree---Though under Order IX Rule 13, C.P.C., Section 5 of the Limitation Act, 1908 is made applicable by virtue of an amendment made in C.P.C. in the year 1980, it is clear beyond doubt that a party who seeks condonation of delay under Section 5 of the Limitation Act, 1908 is bound to offer a plausible explanation constituting sufficient cause in approaching the Court---Delay in filing proceedings cannot be condoned lightly unless sufficient reasons causing delay are shown.

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