In Brief
The Supreme Court clarified the proper appellate procedure when a second appeal challenges a First Appellate Court's order dismissing an appeal on limitation grounds. A trial court had issued an ex parte decree; the defendant appealed late without condoning delay, so the First Appellate Court dismissed the appeal. The High Court then set aside both the First Appellate Court's order and the trial court's judgment itself. The Supreme Court held this exceeded the High Court's jurisdiction. The correct procedure is: the High Court should only set aside the dismissal order and remand to the First Appellate Court to decide condonation of delay and, if granted, the appeal on merits. The Court permitted revival of the withdrawn condonation application.
The lawyer headnote and full judgment text are available to registered users.