Law:

Section:

(a) Azad Jammu and Kashmir Supreme Court Rules, 1978---.--- ---.---O. XIII, R. 1---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42(12)---.---Limitation Act (IX of 1908), Ss.5 & 12(5)---.---Civil Petition for Leave to Appeal---.---Limitation---.---Condonation of delay---.---Sufficient cause---.---Scope---.---Limitation for petition for leave to appeal from the of High Court was 60 days--Petition for leave to appeal had been filed after 141 days from the announcement of of High Court which was 81 days beyond the period of limitation-Application for obtaining copy of was filed after the expiry of limitation for petition for leave to appeal-Period consumed in obtaining the copy of had to be condoned if an application for obtaining the said copy was moved within the period of limitation-Negligence of appellant had proved as appeal was filed after a lapse of one month and 27 days from obtaining copy of -Conduct of appellant was of a negligent person-Law would favour the vigilant and not the ignorant---.---Party had to show sufficient cause for condonation of delay---.---Condonation of delay of even one day could be refused when no sufficient cause was shown by the party-Appellant had not claimed that he was not in the knowledge of of High Court-Appellant had failed to explain the delay after rest period till filing of appeal who was not vigilant in pursuing the case-No sufficient cause had been shown by the petitioner-Delay could only be condoned if a party was successful in establishing sufficient cause for filing suit/appeal beyond the period of limitation-Appeal was hopelessly time barred which was dismissed with costs. Muhammad Ishfaque Khan v. Rehman Khan and 11 others 2011 SCR 18 ref. Muhammad Ishfaque Khan v. Rehm2an Khan and 11 others 2011 SCR 18; Qurban Ali and another v. The State PLD 1984 SC(AJ&K) 104; Muhammad Habib Khan v. Nasiri Khatoon and 11 others 2006 SCR 22; Muhammad Aslam and another v. Muhammad Rashid 2006 SCR 11 and Fakhar Mahmood v. Mst. Famida Begum and 10 others 2004 YLR 3121 rel. (b) Words and Phrases---.--- ---.----"Sufficient cause"---.---Meaning---.---"Sufficient cause" was such a cause which was beyond…

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