Law: Limitation Act (IX of 1908)

Section: 5

Limitation Act (IX of 1908) S. 5-CondonationA' of delay-P-Condonation 'of delay in filing petition prayed for on ground of delay having been caused solely due to counsel's omission to inform petitioner of result of his case in High Court and such petition supported by counsel's certificate-- Certificate not mentioning dates during which counsel remained in disposed and confined to bed so as to disable him from sending any intimation to his client for about five intervening months-Case, held, a case of clear negligence on part of counsel and also of clear negligence on part of petitioner to keep himself in touch with progress of case in High Court and does not per se constitute sufficient ground for condonation of delay.-[Delay]. Seth Shivrattan G. Mohatta v. Messrs Muhammadi Steamship Co. Ltd, P L D 1965 S C 669 and Muhammad Haleem v. H. H. Muhammad Naim P L D 1969 S C 270 distinguished. Mustafa v. Settlement Commissioner 1974 S C M R 104 and Muhammad Nawaz v. Mst. Sakina Bibi 1974 S C M R 223 ref. Date of hearing : 29th November, 1980.                                                                                                                                                                                   ORDER ANWARUL HAQ, C, J.-This petition, seeking leave to appeal against an order made by the Lahore High Court on the 22nd of April, 1980, is barred by 103 days. In the application for condonation of delay, it is stated that the petitioner was not aware of the decision of the writ petition, as his counsel Rana Abdul Majid had not informed him of the date of hearing, nor of the result of the case, when it was dismissed by the High Court on the 22nd of April, 1980. It is stated…