IN THE HONOURABLE LAHORE HIGH COURT, LAHORE

C.M. No. __________________/2020

IN

Crl. Appeal No. ______/2020

Muhammad Asghar Vs. Rana Razzaque Ali etc.

APPLICATION UNDER SECTION 5 OF LIMITATION ACT 1908 READ WITH

SECTION 561-A CR.P.C FOR CONDONATION OF DELAY ON BEHALF OF
THE APPELLANT

Respectfully Sheweth,

1. That the Applicant/Appellant has filed the titled Crl. Appeal against the order dated 19-
11-2019 in which no date of hearing has been fixed yet.
2. That, after the final order dated 19-11-2019 passed by the learned Addl. Session Judge,
Lahore, the Applicant/Appellant challenged the order by filing Criminal Revision
Petition but the office fixed the same as objection case by objecting that criminal appeal
is to eb filed instead of criminal revision against the order of dismissal of complaint
passed under the Illegal Dispossession Act, 2005. However, it was requested to fix the
same as objection case and the Hon’ble Court sustained the objection and directed to
avail proper remedy. Section 8-A of the Illegal Dispossession Act, 2005 is as under;
“8A. Appeal.- any order made under sub-section (2) and sub-section (3) of section 3
and sub-section ((1) of section 8 shall, within thirty days of the order, be appealable
before the High Court.”
3. That delay in filing the accompanied Application was not intentional rather due to the
reason mentioned in the Paras ibid.
4. That it is settled law that cases should be decided on merits rather on technicalities,
hence, it will be in the interest of justice that delay in filing the Crl. Appeal be condoned.
5. That it is true that the statute of limitation is a statute of repose and peace intended to
thwart stale and stultified claims. If seen through the prism of the rationale of statutes of
limitation as stated above, it would be seen that the claim of the Applicant has neither
become stale nor stultified.
 6. That with the insertion of Article 10-A through 18th Amendment in the Constitution of
Islamic Republic of Pakistan, 1973 the Applicant/Petitioner is vested with the
Constitutionally guaranteed fundamental right to due process and fair play while doing
substantial justice. In case of refusal to condone the delay by this Honourable Court, the
Applicant/Petitioner would stand deprived of his fundamental right of due process and
will suffer irreparable loss and injury.

PRAYER
In the light of above submissions, it is humbly submitted that the instant application may kindly
be accepted and delay may kindly be condoned in the interest of justice, fair play and equity.

Any other relief which the Hon’ble Court deems fit may also be granted.

APPLICANT/APPELLANT

Through

MEHR MUHAMMAD IQBAL IMRAN KHAN KLAIR

Advocate High Court Advocate High Court

ALLIED LEGAL SERVICES

(Advocates & Legal Consultants)
1st Floor, 30-The Mall Mansions, Opposite State Bank of Pakistan, The Mall, Lahore
 IN THE HONOURABLE LAHORE HIGH COURT, LAHORE

C.M. No. __________________/2020

IN

Crl. Appeal No. ______/2020

Muhammad Asghar Vs. Rana Razzaque Ali etc.

APPLICATION UNDER SECTION 5 OF LIMITATION ACT 1908 READ WITH

SECTION 561-A CR.P.C FOR CONDONATION OF DELAY ON BEHALF OF
THE APPELLANT

AFFIDAVIT OF: Muhammad Asghar S/o Muhammad Sharif R/o Street No.4 near Shuhda
Graveyard, Mustafa Abad, Lalyani Kasur.

I, the above named, deponent do hereby solemnly affirm and declare that:

1. That the Applicant/Appellant has filed the titled Crl. Appeal against the order dated 19-
11-2019 in which no date of hearing has been fixed yet.
2. That, after the final order dated 19-11-2019 passed by the learned Addl. Session Judge,
Lahore, the Applicant/Appellant challenged the order by filing Criminal Revision
Petition but the office fixed the same as objection case by objecting that criminal appeal
is to eb filed instead of criminal revision against the order of dismissal of complaint
passed under the Illegal Dispossession Act, 2005. However, it was requested to fix the
same as objection case and the Hon’ble Court sustained the objection and directed to
avail proper remedy. Section 8-A of the Illegal Dispossession Act, 2005 is as under;
“8A. Appeal.- any order made under sub-section (2) and sub-section (3) of section 3
and sub-section ((1) of section 8 shall, within thirty days of the order, be appealable
before the High Court.”
3. That delay in filing the accompanied Application was not intentional rather due to the
reason mentioned in the Paras ibid.
4. That it is settled law that cases should be decided on merits rather on technicalities,
hence, it will be in the interest of justice that delay in filing the Crl. Appeal be condoned.
5. That it is true that the statute of limitation is a statute of repose and peace intended to
thwart stale and stultified claims. If seen through the prism of the rationale of statutes of
limitation as stated above, it would be seen that the claim of the Applicant has neither
become stale nor stultified.
6. That with the insertion of Article 10-A through 18th Amendment in the Constitution of
Islamic Republic of Pakistan, 1973 the Applicant/Petitioner is vested with the
Constitutionally guaranteed fundamental right to due process and fair play while doing
substantial justice. In case of refusal to condone the delay by this Honourable Court, the
Applicant/Petitioner would stand deprived of his fundamental right of due process and
will suffer irreparable loss and injury.

DEPONENT

Verified on oath on this day of 15th of January, 2020 that the contents of above affidavit
are correct and true to the best of my belief and knowledge.

DEPPONENT