Law:

Section:

(a) Constitution of Pakistan (1972), Art. 186 and Limitation Act (IX of 1908), S. 5-Condonation of delay-Nothing in condonation application to support statement as to physical disabilities, if any, of petitioner or as to why his attorney was unable to obtain in­formation regarding dismissal of appeal-Nothing also said as to why after dismissal of appeal petitioner waited for nearly 1½ months to apply for copies of order of dismissal of appeal and then again for 10 days after obtaining copies-Delay not condoned-Leave to appeal refused. (b) Letters Patent (Lahore), cl. 10 & Civil Procedure Code (V of 1908), O. XLI, r. 23-District Judge allowing appeal against and decree dismissing suit, remanding case and directing other issues arising in suit to be decided- Order of District Judge-Not order sirnpliciter for remand of case but one allowing appeal-Appeal taken from in its entirety-A second appeal-Certificate under cl. 10 of Letters Patent, held, necessary for preferment of Letters Patent appeal in circumstances. ORDER HAMOODUR RAHMAN, C. J.-This petition is barred by 199 days and the explanation given for this delay is that the petitioner, being a disabled person living in a far flung village of district Jhelum, entrusted the task of the pursuit of V the case to his brother Havaldar Major Muhammad Hayat who was unfortunately placed on active duty in connection with the December 1971-War. The latter learnt about the dismissal of the L. P. A. in March 1972 and informed the petitioner, whereupon he came to Lahore and filed an application for the review of the order in the L. P. A. But even this was dismissed on the 28th of April 1972. He did not apply for the certified copies of the orders of the High Court even after this until the 17th of June 1972. The certified copies were delivered to him on the 7th of July 1972 but the petition was filed only on the 17th of July 1972. Apart from the ipse dixit of the petitioner, in his condonation application there is nothing else to support the statements made therein as to the physical disabilities, if any, of…

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