| Citation(s) |
|---|
| 1979 SLG 516 1979 SLD 516 1979 SCMR 191 |
Supreme Court of Pakistan
Civil Petition No. 7 R of 1978, decision dated: 23rd December, 1978, hearing DATE : 15-11-1978.On appeal from the judgment and order dated 11 1 1977/15 2 1977 of the then High Court of Sind & Baluchistan in L. P. A. No. 104 of 1968
MUHAMMAD AKRAM, KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
A. R. Sheikh, Senior Advocate Supreme Court instructed by Fazal i-Hussain, Advocate on-Record for Petitioner. Syed Ikhlaq Hussain, Senior Advocate Supreme Court instructed by Yaqub Hussain Zaidi, Advocate on-Record for
Respondents
Civil Petition No. 7 R of 1978, decision dated: 23rd December, 1978, hearing DATE : 15-11-1978.On appeal from the judgment and order dated 11 1 1977/15 2 1977 of the then High Court of Sind & Baluchistan in L. P. A. No. 104 of 1968
MUHAMMAD AKRAM, KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
A. R. Sheikh, Senior Advocate Supreme Court instructed by Fazal i-Hussain, Advocate on-Record for Petitioner. Syed Ikhlaq Hussain, Senior Advocate Supreme Court instructed by Yaqub Hussain Zaidi, Advocate on-Record for
Respondents
CUSTODIAN OF ENEMY PROPERTY
VS
HOSHANG M. DASTUR AND OTHERS
Law:
Section:
(a) Supreme Court Rules, 1956 O. XIII, r. 1 Limitation Condonation of delay Petition for special leave to appeal in civil proceedings ,To be lodged within sixty days of appealed against Court, however, may extend time for sufficient cause Petitioner not showing due diligence in filing petition and wasting most of precious time in routine in repeatedly writing to Law Division asking them to reconsider their advice as formerly tendered Petitioner failing to explain long and inordinate delay of at least seven months in filing petition .No sufficient cause, held, made out for condonation of delay Constitution of Pakistan (1973), Art. 185(3). [Limitation Condonation of delay]. Ch. Manzoor Elahi v. Federation of Pakistan etc. P L D 1975 S C 66 and Syed Ahmad Hussain v. The Chief Justice and Judges of the West Pakistan High Court P L D 1961 S C 162 distinguished. Superintendent of Central Excise, Lyallpur v. Ch. Faqir Muhammad P L D 1958 S C (Pak.) 167 ; Chief Settlement and Rehabilitation Commissioner and another v. Ghulam Hussain etc. 1974 S C M R 38 and The Province of West Pakistan., Lahore v. Mian Noor Ahmad and others 1975 S C M R 91 ref. (b) Supreme Court Rules, 1956 ---O. XIII, r. 1 & O. XLIX, r. 6 Limitation Condonation of delay¬ Contention that very valuable property having been disposed of in case in hand by specific performance for inadequate consideration and on onerous terms under impugned decree and as such delay be con¬doned Held, mere fact of valuable rights of petitioner being involved not by itself a proper ground for condonation of delay in civil matters nor could any recourse be had to provisions of O. XLIX, r. 6 for such purpose Constitution of Pakistan (1973), Art. 185(3). {Limitation Condonation of delay]. Mst. Hajran v. Sardar Muhammad P L D 1970 S C 287 ref. JUDGMENT MUHAMMAD AKRAM, J. This is a petition under Article 185 of the Constitution of Islamic Republic of Pakistan for leave to appeal from the judgment and decree dated 11th of January 1975/15th of February 1977, passed by a Division Bench of the then High Court of Sind & Baluchistan at Karachi in Letters Patent Appeal No. 104 of 1968. This dispute relates to a plot bearing…
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