Law:

Section:

(a) Supreme Court Rules, 1956--- O. XXVI, r. 5-Review-Limitation-Notion that limitation begins to run from date of refusal of certificate under Cl. 10 of Letters Patent-Entirely misconceived-Limitation runs from date of of Single Judge exclusive, however, of time spent in obtaining certificate under Cl. 10 of Letters Patent or on pursuit of proceedings under Cl. 10, if petitioner diligent throughout. Paresh Chandra Biswas v. Tapen Kant! Choudhury P L D 1963 S C 598 ref. (b) Supreme Court Rules, 1956- -- O. XXVI, r. 5-Review-Petition barred by limitation-Not possible to go into merits of case. ORDER HAMOODUR RAHMAN, C. J.-This is a petition for the review of an order of this Court dismissing Civil Petition for Special Leave to Appeal No. 76 of 1972 on the 2nd of October 1972, as being barred by time. The said petition was filed on the 14th of December 1971, for leave to appeal from the judgment and order of a learned Single Judge of the Lahore High Court dated the 9th of December 1970. It was accompanied with an application for condonation of delay. The ground on which condonation was sought was that the petitioner applied on the 6th of January 1971, for the grant of certificate of fitness for filing an appeal under Clause 10 of the Letters Patent of the High Court and this application was ultimately dismissed on the 7th of May 1971, treating it as a review. He then made another application for a certificate for filing a Letters Patent appeal and this was dismissed on the 13th of September 1971. He then applied for a copy of the order refusing the certificate on the 14th of September 1971. He was not given any date for collecting the copy, and as such he took delivery of the copy on the basis of his own personal enquiry on the 20th of October 1971. When delivery was taken, it was found that the copy had been made ready for delivery on the 12th of October 1971. Even so, no explanation was given in the petition for condonation as to what the petitioner was doing from the…

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