DOWER APPEAL

00.00.2010

Present        (name of the Advocate) for appellant.

                    Family appeal is fresh, let it be registered.

                   Through the instant family appeal, the appellant ___________________  has challenged  judgment & decree dated 00.00.1997 passed by (name of the Judge)  learned Judge Family Court, (city)  whereby she (LADY JUDGE) decreed  the suit for recovery of maintenance allowance  and dower  filed by the respondents.

                   Learned counsel for the appellant submitted that  sufficient cause within meaning of  Rule 22 of the West Pakistan Family Courts Rules 1965 is available to appellant. That during pedency  of suit the appellant/defendant went to UK, he appointed his brother (name of the brother) his special attorney  but due to family dispute  the attorney kept him in dark regarding proceedings  to suit and final judgment.  That prayer clause of suit is silent.  That affidavits of Pws did not disclose prayer.  That on 00.07.2010, the appellant returned from Saudi Arabia  and on 00.07.2010 the bailiff arrested him. That any  show cause notice was not given to appellant. Reliance was placed on 2004 MLD 306 (Lahore).

                   I have heard the arguments and perused the record.

                   The impugned judgment was passed on 00.00.1997, the appeal was filed on 00.00.2010 i.e. three years  and 44 (may add as per own stance)  days after impugned judgment. Only one day was spent for obtaining certified  copies. Application under section 5 of  Limitation Act  for condonation of delay  is annexed with the  appeal which does no have anything like  misconduct  of special attorney  and even otherwise every prudent person appoints   such a person as attorney  who is reliable. The period for limitation for filing of family appeal is 30 days and  any sufficient cause is not available to petitioner within the meaning of proviso to rule 22 of West Pakistan  Family Courts Rules, 1965. The appeal is badly time barred. The application for condonation of delay is dismissed. Appeal is also dismissed in limine being time barred. No order as to costs. Memo of costs be prepared. File be consigned to the record room after its due completion.

Announced

00.00.2010

                  

JUDGE