| Citation(s) |
|---|
| 1980 SLG 3101 = 1980 SLD 3101 = 1980 SCMR 137 |
Civil Petition No. 724 of 1974, decided on 18th April, 1979. (On Appeal from the judgment and order dated 5-2-1974 of the Lahore High Court at Lahore in Writ Petition No., 117-R/67).
Presented By: Muhammad Akram and Karam Elahee Chauhan, JJ
Afrasiab Khan, Advocate Supreme Court and Kh. Wali Mohammad, Advocate-on-Record for Petitioner. Nemo for
Respondents.
ABDUR REHMAN BUTT-Petitioner
VERSUS
Mst. AISHA BIBI ETC -Respondents
Law: Supreme Court Rules, 1956
Section: O. XLIX, r. 6
Supreme Court Rules, 1956 O. XLIX, r. 6 Condonation of delay-Petition for Special Leave to Appeal barred by 149 days-Medical Certificate advising petitioner complete rest filed-Neither in application not even m affidavit petitioner even remotely suggesting hia being unable to move about and impart necessary instructions for filing petition for special leave within prescribed time-Delay, in circumstances, held, not liable to be condoned. -[Condonation of delay]. Date of hearing :18th April, 1979. JUDGMENT MUHAMMAD AKRAM, J.-This is a petition for special leave from the judgment dated 5th of February 1974, whereby a learned Judge of the Lahore High Court at Lahore dismissed the writ petition No. 117-R of 196'7 filed by the petitioner against the respondents herein concerning the disposal of shop No. 11/597 situated on Iqbal Road, Sialkot, under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1958. It is barred by 149 days and is accompanied by an application made under rule.6 of Order 49 of the Supreme Court Rules for condonation of the delay. It appears from the record that at first this petition was, filed in this Court on the 22nd of June, 1974 but without a certified copy of the grounds of the writ petition before the High Court. It was there fore, returned to the petitioner as incomplete on the same day. He however, re-filed the same in this Court alongwith a certified copy there of only on the 2nd of September 1974. The endorsement orb the certified copy of the writ petition in…