| Citation(s) |
|---|
| 1981 SLG 101 1981 SLD 101 1981 SCMR 1145 |
Supreme Court of Pakistan
Civil Petition No. 502 of 1981, decision dated: 16th,May, 1981
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Izharul Haque, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners. Nemo for
Respondent
Civil Petition No. 502 of 1981, decision dated: 16th,May, 1981
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Izharul Haque, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners. Nemo for
Respondent
AHMAD KHAN AND others
VS
MUHAMMAD SHAFI
Law: Limitation Act, 1908
Section: 5
Limitation Act (IX of 1908)---S. 5-Condonation of delay-Petitioners not scrutinising cause list vigilantly so as to know date fixed for hearing of their revision petition before High Court-Petitioner's counsel not stating case having not been shown in cause list on day of hearing or his name having not been printed therein-Petitioners having become aware of impugned order of High Court and applied for its copy, same being supplied, and petition before Supreme Court having become time barred by that time, petitioner, held, should have filed petition for leave to appeal almost immediately after receipt of copy but petitioners having taken another two months to file same, delay not explained to call for condonation." ORDER NASIM HASAN SHAH, J.-According to the office note this petition is barred by 361 days. In explanation of the delay the learned counsel for the petitioners point out that the petitioners had filed a revision petition before the High Court against the order of the trial Court allowing amendment in the plaint. This petition was admitted to a regular hearing and according to the counsel an actual date should, have been fixed and "red card" issued to the parties by the office notifying the date so fixed. No intimation was received and the case was heard on 27-2-1980 on which date neither party was present but the learned Judge himself examined the record and dismissed the revision petition on, merit The petitioner became aware of…
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