2019 CLC 1774 KARACHI-HIGH-COURT-SINDH

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CUSTOM PUBLIC SCHOOL VS AFTAB AHMED Ss.15 & 21---Limitation Act (IX of 1908), S.5---eviction of tenant---Condonation of delay in filing appeal---Scope---Petitioner/tenant filed appeal along with an application under S.5 of the Limitation Act, 1908 for condoning the delay---Only ground urged by the petitioner before the appellate Court was that his attorney fell sick due to which he was advised bed rest, in support of contention a medical certificate was filed---Validity---Appellate Court while dismissing the appeal as being barred by limitation, held that the explanation was not satisfactory as the petitioner was a school having a proper administration and management for running its affairs and the appeal could have been filed by the petitioner within time through any other of its representatives---Application filed by the petitioner for condoning the delay in filing appeal was misconceived and not maintainable as the provisions of S.5 of the Limitation Act, 1908 were not applicable to appeal filed under Sindh Rented Premises Ordinance, 1979---Provision of S.5 of the Limitation Act, 1908 could not be invoked for condoning the delay in filing appeal, is special law had specifically provided the limitation for filing an appeal----Sindh Rented Premises Ordinance, 1979 was a special law wherein the limitation for filing an appeal had been specifically provided in its S.21---Appellate Court was not required either to consider the petitioner's application for condonation or to give any findings thereon---Said application ought to have been dismissed straightaway---Appeal was rightly dismissed by the Appellate Court as being barred by time---Constitutional petition was dismissed accordingly.