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Constitution of Pakistan (1973)-----Art. 185(3)--Limitation Act (IX of 1908), S. 5--Supreme Court Rules, 1980, 0. XIII r.1--Petition for leave to appeal barred by time--Delay condoned subject to all just exceptions and leave granted--At appeal stage respondents opposed condonation of delay and successfully refuted reasons given for delay by filing documented affidavit- -Appellants having failed to furnish satisfactory explanation for delay of each day, appeal dismissed as time-barred. Abid Hasan Minto, Senior Advocate Supreme Court assisted by Sh. Masood Akhtar, Advocate-on-Record (absent) for Appellant, M. Aqil Mirza, Advocate Supreme Court assisted by M. A. Qadri, Advocate-on-Record (absent) for Respondents. Date of hearing: 6th November, 1985. JUDGMENT S.A. NUSRAT, J.--This appeal is from the judgment of the Lahore High Court, dated 14-6-1973 whereby a second Appeal from the order of the Additional District Judge, Sargodha, dated 21-3-1969 reversing the order of the Civil Judge, Second Class, Sargodha, dated 13-4-1968 was dismissed. 2. The petition for leave to appeal was barred by eight days and is accompanied by an application for condonation of delay. While granting leave, the delay was condoned subject to all just exceptions. 3. The application for condonation of delay is opposed by the respondents who have filed a detailed and documented counter-affidavit. The relevant facts in this connection are that the impugned order was passed by the High Court on 14-6-1973 and application for certified copy was made on 14-7-1973 which was delivered on 17-7-1973. The petition for leave to appeal was instituted on 24-8-1973, although the period of limitation, including the time spent on obtaining certified copy had expired on 16-8-1973. The delay, of 8 days is sought to be explained on the ground that Sargodha District, where the appellant resided was affected by serious floods at the relevant time and, therefore, it was not possible for the appellant to travel to Lahore for filing the petition. The respondents in their reply, dated 5-11-1985, which is supported by the affidavit of Muhammad Afzal, have stated that the village Kot Bhiy Khan is situated on the Pacca…

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