Law:

Section:

(a) Limitation Act (IX of 1908)----------Art. 179 Limitation Article 179 deals with petitions for grant of certificates by High Courts for appeal to Supreme Court and not with petitions for leave to appeal filed directly before Supreme Court.¬ (b) Limitation Act (1X of 1908) Art. 5 Condonation of delay Advice pleaded in excuse for delay in filing Petition for Special Leave to Supreme Court allegedly tendered by some lawyers of mofussil and such lawyers not consulting any standard work on law but limiting their research to some "Qanuni Diary" No certificate or affidavit of senior filed Petitioners not consulting Advocates of Supreme Court but consulting lawyers of District Courts and their exertions confined to looking at "Qanuni Diary" Petitioners, held, did not act with due diligence in moving Supreme Court Even otherwise ignorance of law no excuse Plea of mofussil Advocates having wrongly advised on question of period of limitation, hence, no sufficient cause for condoning delay. ORDER NASIM HASAN SHAH, J. This petition is barred by 21 days. In the application filed for condonation of the delay it is submitted that after the receipt of the copies of the judgment of the High Court by the petitioner, they consulted some local lawyers in Jhang including S. Akhlaq Hussain, a senior civil lawyer, and Mr. Muhammad Rafique Nasim, Advocate, to inquire as to the period of limitation prescribed for filing a petition for special leave to appeal in this Court. The said counsel are reported to have stated that the period of limitation for this purpose was ninety days and for giving this advice they consulted a "Qanuni Diary" of 1977. The delay in filing the petition for leave to appeal, it is said, occurred on account of the aforesaid erroneous advice given by the two Jhang lawyers with regard to the period of limitation. In support of the above assertion 'a certificate purporting to be issued by Mr. Muhammad Rafique Nasim, Advocate, was shown to us at the hearing of the petition, which is to the effect that the petitioners did consult him about the question of limitation for petition for leave to appeal to be filed in the Supreme Court and that he had told them that…

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