Mst. HAJRAN vs SARDAR MUHAMMAD — 1968 PLD 1106

Citation: 1968 PLD 1106

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-10

Parties: Mst. HAJRAN vs SARDAR MUHAMMAD

Headnotes

Case cited as PLD 1968 Lah. 1106

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: Mst. HAJRAN vs SARDAR MUHAMMAD Case No.:Civil Petition for Special Leave to Appeal No. 48 of 1970 S. A. O. No. 356 of 1969 Date of Judgment:1970-04-10 Reported As: 1970 SCMR 656 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-S. A. O. 356 of 1969 preferred by the petitioner in the High Court was barred by time. The explanation rendered was ignorance of the law of limitation which in the opinion of the learned Judge did not constitute a sufficient cause within section 5 of the Limitation Act. The appeal was, in this view, dismissed as barred by time. The petitioner seeks leave to appeal on the same ground which did not find favour with the High Court. It was urged that valuable rights of the petitioner are involved, but this does not furnish a proper ground for condonation of delay in a civil matter. Reliance was placed on the view expressed by the High Court in Abdur Rehman's v. Custodian, Evacuee Property and others (PLD 1968 Lah. 1106) that "ignorance of law accompanied by circumstances not indicating want of good faith or negligence may in circum--stances of particular case furnish sufficient ground within meaning of section 5, Limitation Act, 1908" but is correct only to the extent that there is no negligence, no inaction and no want of good faith. A wrong advice given by a lawyer may, therefore, in a given case constitute sufficient cause, but a litigant who…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.