Case Details

Citation(s)
1974 SLG 154 1974 SLD 154 1974 SCMR 223
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 500 of 1972, decision dated: 1-10-1973.(From the judgment and order. dated 22nd October 1972, of the Lahore High Court, Lahore, passed in R. S. A. No. 78 of 1957)
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Munir Ahmad, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for
Respondents.

MUHAMMAD NAWAZ AND 3 others

VS

Mst. SAKINA BIBI AND 3 OTHERS

Law:

Section:

Limitation Act (IX of 1908)----S. 5-Condonation of delay-Initial obligation to enquire about decision of case or to arrange for communication of result of case on parties to case-Counsel even if neglecting to inform client about fate of case fact not per se sufficient ground for codonation of delay when valuable right accrued to opposite-party. JUDGMENT MUHAMMAD GUL, J.-This leave petition is against the judgment dated 22nd June 1972 of the learned Single Judge of the Lahore High Court, holding that on the death of Khurshid, a Jat of Kot Ladha, district Gujran­wala, who died unmarried, his non-ancestral land devolved upon his three sisters respondents Nos. 1 to 3 herein in preference to a collateral in the fifth degree. This petition was filed on 19th October 1972 which after allowing time spent in obtaining copies of the judgment is beyond time by 59 days. 2. In their application for condonation of delay, the petitioners have stated that after the conclusion of the arguments in appeal in the High Court, the judgment was reserved on 10th February 1972 and delivered on 22nd June 1972 of which no intimation was given to them by their counsel Mr. Fazle Husain. It was only on 12th September 1972 when one of the petitioners came to enquire from the counsel, that he was informed that the appeal had been decided. But even then counsel did not inform him about the actual date of…
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