| Citation(s) |
|---|
| 1980 SLG 182 1980 SLD 182 1980 SCMR 137 |
Supreme Court of Pakistan
Civil Petition No. 724 of 1974, decision dated: 18-04-1979. (On Appeal from the judgment and order dated 5 2 1974 of the Lahore High Court at Lahore in Writ Petition No., 117 R/67).
MUHAMMAD AKRAM AND KARAM ELAHEE CHAUHAN, JJ
Afrasiab Khan, Advocate Supreme Court and Kh. Wali Mohammad, Advocate on-Record. Nemo.
Civil Petition No. 724 of 1974, decision dated: 18-04-1979. (On Appeal from the judgment and order dated 5 2 1974 of the Lahore High Court at Lahore in Writ Petition No., 117 R/67).
MUHAMMAD AKRAM AND KARAM ELAHEE CHAUHAN, JJ
Afrasiab Khan, Advocate Supreme Court and Kh. Wali Mohammad, Advocate on-Record. Nemo.
ABDUR REHMAN BUTT
VS
Mst. AISHA BIBI ETC
Law:
Section:
Supreme Court Rules, 1956 ---- O. XLIX, r. 6 Condonation of delay Petition for Special Leave to Appeal barred by 149 days Medical Certificate advising petitioner complete rest filed Neither in application not even in affidavit petitioner even remotely suggesting his being unable to move about and impart necessary instructions for filing petition for special leave within prescribed time Delay, in circumstances, held, not liable to be condoned. [Condonation of delay]. JUDGMENT MUHAMMAD AKRAM, J. This is a petition for special leave from the judgment dated 5th of February 1974, whereby a learned Judge of the Lahore High Court at Lahore dismissed the writ petition No. 117 R of 1967 filed by the petitioner against the respondents herein concerning the disposal of shop No. 11/597 situated on Iqbal Road, Sialkot, under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1958. It is barred by 149 days and is accompanied by an application made under rule.6 of Order 49 of the Supreme Court Rules for condonation of the delay. It appears from the record that at first this petition was, filed in this Court on the 22nd of June, 1974 but without a certified copy of the grounds of the writ petition before the High Court. It was therefore, returned to the petitioner as incomplete on the same day. He however, re filed the same in this Court alongwith a certified copy there of only on the 2nd of September 1974. The endorsement orb the certified copy of the writ petition in the High Court shows that the petitioner had applied for it only after the period of limitation had already expired and that it was made ready for delivery on the 31st of August 1974. In…
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