Erroneous or Contradictory Legal Advice does not justify Condonation of Delay; Time Barred Appeal dismissed --- Supreme Court of Pakistan

Islamabad 21-11-2024: The Supreme Court of Pakistan, in a significant ruling, dismissed a Civil Appeal filed by Ghulam Sarwar through his legal representatives, upholding the importance of adhering to strict limitation periods for filing appeals. The judgment, delivered by a bench comprising Mr. Justice Munib Akhtar and Mr. Justice Athar Minallah, highlights the limited scope for condoning delays under the Limitation Act, particularly when delays result from incorrect or contradictory legal advice.

The appeal challenged a decision by the Lahore High Court, Multan Bench, but was filed 22 days beyond the permissible limitation period. The appellant sought condonation of delay under Section 5 of the Limitation Act, citing confusion arising from contradictory legal advice about whether to file a leave petition or an appeal.

The Court examined the principles governing condonation of delay and ruled that the appellant’s reasons did not constitute “sufficient cause” under the law. 

The Court held that erroneous or contradictory legal advice does not justify condonation of delay. The Court reaffirmed that delays in filing appeals should only be condoned when compelling reasons are established. The Court dismissed the application for condonation of delay, declaring the appeal time-barred. Consequently, the appeal itself was also dismissed.

The ruling reinforces the Supreme Court of Pakistan commitment to ensuring strict compliance with procedural laws, particularly the Limitation Act. It sends a clear message to litigants and legal practitioners about the necessity of timely filing and the limited scope for exceptions.

Powered by Froala Editor