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Shah Muhammad V. Allah Bakhsh,

CLC 2023 711 · Balochistan High Court

This case involved a civil appeal before the Balochistan High Court. The appellant had earlier filed a suit seeking cancellation of an agreement dated 24.06.2007 relating to a plot of land, along with recovery of Rs. 3,30,000, but the trial court (Majlis-e-Shoora, Chaghi) dismissed his suit on 09.10.2018. He obtained certified copies of the judgment soon after, but did not file his appeal until 04.03.2020, roughly one and a half years later, far beyond the 90-day limitation period prescribed under Article 156 of the Limitation Act, 1908.

Neither the appellant nor the respondent appeared before the High Court despite repeated notices and several hearing dates, so the court decided the matter based on the available record. The High Court held that the appellant failed to provide any reasonable explanation for the long delay in filing the appeal, noting that a party seeking condonation of delay must account for every single day of delay and show that the delay was caused by circumstances beyond their control. Since no such justification was given, the court ruled that the law of limitation is mandatory, not a mere formality, and exists to protect vigilant litigants, not those who neglect their rights. Consequently, the appeal was dismissed as time-barred.

This judgment reinforces the strict approach Pakistani courts take toward limitation periods, emphasizing that delays in legal proceedings must be properly justified, or claims risk being dismissed regardless of their underlying merits.

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