IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA
Civil Revision Appln. : Ghulam Rasool &Othersvs.
No. S- 25 of 2022 Ali Sher &Others
For the Applicants : Syed Soofan Shah, Advocate
Dates of hearing : 04.03.2022
Date of announcement : 04.03.2022
ORDER
Agha Faisal, J. (1) Granted. (2) Deferred. (3) Granted; subject to exceptions. (4&5) This civil revision, presented on 01.03.2022, impugns the judgment dated 18.11.2021. Admittedly, the revision is time barred by about 33 days. The application seeking condonation of delay invokes only one ground that Court fees was not available with the applicant within time. The supporting affidavit of the said application is devoid of any grounds.
It is the considered opinion of the Court that the prescriptions of limitation are not mere technicalities and disregard thereof would render entire law of limitation redundant[1]. It has been maintained by the Superior Courts consistently that it is incumbent upon the Courts to first determine whether the proceedings filed there before were within time and the Courts are mandated to conduct such an exercise regardless of whether or not an objection has been taken in such regard[2]. It has been maintained by the honorable Supreme Court[3] that each day of delay had to be explained in an application seeking condonation of delay and that in the absence of such an explanation the said application was liable to be dismissed.
Non availability of court fees is no justification for delay.In the present facts and circumstances the application seeking condonation of delay is found to be devoid of any cogent explanation whatsoever.
It is, thus, observed that no case is made out for condonation of delay; therefore, C.M.A No.191/2022 is dismissed. As consequence hereof, the present civil revision is also dismissed.
JUDGE