Law: Limitation Act (IX of 1908)

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: 109, 110

Law: Constitution of Pakistan, 1962

Section: 58

  Limitation Act (IX of 1908) S. 5-Condonation of delay-Law having been authoritatively declared by Supreme Court, petitioner could not be said to have not known it or that she had been pursuing her application in High Court with due diligence for grant of fitness certificate especially when application remained pending in High Court for two years--Petitioner all along assisted by counsel, failure of counsel to take note of law,, held, could obviously be attributed only to lack of due diligence on his part-Petitioner could not escape consequences of such lack of diligence-Delay not condoned-Civil Procedure Code (V of 1908), Ss. 109 & 110 read with Constitution of Pakistan (1962), Art. 58. Date of hearing: 5th November 1973.                                                                                                                              ORDER ANWARUL HAQ. J.-This petition for special leave to appeal is barred by 865 days. The judgment of the High Court, under appeal, was delivered on the 12th of October 1970 whereas this petition was filed on 23-4-1973. The explanation given for the delay is that two days after the delivery of the judgment of the High Court the petitioner made an application to that Court for the grant of a certificate of fitness for appeal to the Supreme Court under the provisions of sections 1011 and 110 of the Code of Civil Procedure. That application remained pending with the High Court until the 19th of February 1973, on which date it was dismissed by the High Court on the ground that after the coming into force of the 1962 Constitution of the Islamic Republic of Pakistan, sections 109 and 110 of the Code of Civil Procedure had become completely inoperative because of the provisions) contained in Article 58 of that Constitution. In support of this view, the learned Judges of the Division Bench placed reliance on…