Case Details

Citation(s)
1963 SLG 3407 = 1963 SLD 3407 = 1963 PLD 263
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 203 of 1962, decided on 13th February 1963.
Presented By: A. R. Cornelius, C. J. and B. Z. Kaikaus, J
  S. A. Saeed Advocate Supreme Court instructed by Hussain & Co. Attorneys (absent) for Petitioner.  
Respondents not represented.   Date of hearing: 13th February 1963.

ASIF ALI SHAH-Petitioner  

VERSUS

  THE    SUPERINTENDING            ENGINEER, QUETTA CIRCLE, QUETTA AND   ANOTHER----Respondents

Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 6th April 1962, in Writ Petition No. 314 of 1962).   Special Leave to Appeal to Supreme Court Petition for-Taken back by Attorney for filing annexure-Such annexure         along   with     petition            filed     70             days     after time-Application for condonation delay submitted not as a pre-requisite in such a case but only to "meet objection of the Court's office"-Petition, held, barred by time-Client's ignorance of necessity of dealing with Attorney Not sufficient excuse to condone default-(Client's remedy against Attorney).   JUDGMENT   CORNELIUS, C. J.-This petition is barred by time by 70 days. Mr. S. A. Saeed appears as Advocate for the petitioner, and lays the blame on the Attorney, Ch. Feroz Din. It seems that the petition, which mentions a number of annexure, was filed within time without the annexure, in the first instance. The office note shows that the petition itself was taken back by the Attorney, to be completed and returned. It was actually returned 70 days after expiry of limitation. It is not clear whether it was the Attorney or the client who was responsible https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1963S36        1/3 P L D 1963 Supreme Court 263 for this delay. An application for condonation was filed separately later, and the excuse was given that "the annexure are not part of the order under appeal, hence the appeal is within time". It was added that the application for condonation was being submitted" to meet the office objection".   Ch.…
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