Case Details

Citation(s)
1997 SLG 427 1997 SLD 427 1997 PLD 563
Supreme Court of Pakistan
Civil Petition No.2139-L of 1996, decision dated: 12-02-1997 (On appeal from the judgment dated 9-6-1996 of the Lahore High Court, Multan Bench in C.R.No.673-D of 1996).
ZIA MAHMOOD MIRZA AND RAJA AFRASIAB KHAN, JJ
Muhammad Sharif Chohan, Advocate Supreme Court with Ch.Mehdi Khan Mehtab, Advocate-on-Record. Nemo

MUHAMMAD NAWAZ

VS

ABDUS SALAM and another

Law:

Section:

Limitation Act (IX of 1908)------S. 5---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal was barred by 18 days---Condonation of delay---Certified copies were prepared and completed on 15-7-1996, while petitioner collected such copies on 6-11-1996---Petitioner almost took four months in collecting certified copies--No reasonable explanation had been given for such inordinate delay---Petitioner having acted negligently, his request for condonation of delay was not allowed--Petition for leave was dismissed as time-barred. West Pakistan Industrial Development Corporation, Karachi v. Aziz Qureshi 1973 SCMR 555 and Fazal Rahman v. Rahim Gul and others. 1981 SCMR 1258 ref. JUDGMENT ZIA MAHMOOD MIRZA, J.--This petition seeking leave to appeal against the judgment of Lahore High Court, Multan Bench dated 9-6-1996 is barred by 18 days. Petitioner seeks condonation of delay on the ground that the certified copies were prepared and completed on 15-7-1996 but the` Copying Agency gave no intimation to him with the result that he collected the copies on 6-11-1996. According to the learned counsel, the entire time spent until the collection of copies by the petitioner would be a "time requisite" for obtaining the copies within. the meaning of section 12 of the Limitation Act. In support of his submission, learned counsel relied upon West Pakistan Industrial Development Corporation, Karachi v. Aziz Qureshi 1973 SCMR 555 and Fazal Rahman v. Rahim Gul and others 1981 SCMR 1258. Both these cases are distinguishable…
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