Law: Limitation Act (IX of 1908)

Section: 5

Limitation Act (IX of 1908) S. 5-Condonation of delay-Letters Patent Appeal filed by peti tioners dismissed by High Court as time-barred-Writ petition formerly dismissed in presence of counsel for writ petitioner-Failure to convey dismissal .of writ petition by counsel to his client or his clerk's conveying wrong information, held, no sufficient grounds for condoning delay-Refusal to condone delay in discre tionary exercise of jurisdiction by High Court unexceptionable. Date of hearing : 13th September, 1980.                                                                                                                                                                            ORDER. MUHAMMAD AFZAL ZULLAH, J.--Judgment dated 17-3-1977 of the Lahore High Court whereby a Letters Patent Appeal filed by the petitioners was dismissed as time barred, has been brought under challenge; through this petition. A writ petition was dismissed by a learned Single Judge of the Lahore High Court in limine on 19-7-1965, in presence of the learned counsel for the petitioners. A belated Letters Patent Appeal was filed on 9-1-1967. In the application for condonation of delay, it was everred from the petitioners side that the clerk of the learned counsel who had appeared in the High Court, had wrongly informed his clients that the writ petition had been admitted to hearing. Not only this, he lad also recovered certain amount from them with regard to the further processing of the case. It was on account of this wrong information. it was further asserted, that the delay took place in filing the Letters Patent Appeal. A learned Division Bench of the High Court, after taking note of this, explanation, observed: There is no supporting affidavit of the clerk of…