Law:

Section:

Limitation Act (IX of 1908)---- S. 5-Delay-Condonation of delay-Failure of counsel to inform his client about fate of litigation-Held, would not constitute sufficient cause for condonation of delay.-[Delay]. Mustafa v. Settlement Commissioner 1974 S C M R 104 and Muhammad Nawaz v. Mst. Sakina Bibi 1974 S C M R 223 ref. ORDER ANWARUL HAQ, C. J.-This petition, seeking leave to appeal against the judgment of the Lahore High Court dated the 14th of June, 1980, is barred by 84 days. In the application for condonation of delay, it is stated that when the matter came up for arguments before the High Court, the petitioner was not present, as he had not been informed of the date of hearing by his counsel or by the High Court; and that he came to know of the dismissal of his revision petition only three months later on the 13th of September, 1980, through a friend, named Muhammad Waris, who was employed in the Lahore High Court; and that on acquiring this knowledge the petitioner came to Lahore and applied for a copy of the High Court's order on the 15th of September, 1980, which was furnished to him on the 16th of September, 1980. The application further states that having obtained a certified copy of the High Court's order, the petitioner returned to his village on the 18th of September, 1980, for making arrangements for filing the present petition in the Supreme Court, but he had an attack of enteric fever and remained confined to bed till the 30th of October, 1960, and it was with great difficulty that he was able to travel to Rawalpindi thereafter and arranged to file the present petition on the 5th of November, 1980. In support of these averments, the petitioner has placed on the record a copy of a certificate issued by Dr. Sher Afgan Khan Ntazi of Al-Razi Hospital, Mianwali, to the effect that: "Mr. Sher Muhammad son of Jehan is suffering from enteric fever and is under my treatment. Therefore, he is advised complete rest with effect from 18-9-1980 to 30-10-1980". We may first dispose of the medical certificate relied upon by the petitioner. From the photostat copy of the certificate, as well as the original placed on the record, it appears that the certificate…

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