Case Details

Citation(s)
1969 SLG 123 1969 SLD 123 1969 SCMR 288
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 429 of 1968, decision dated: 8th April 1969. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 6th April 1967, in Civil Revision No. 553 of 1966)
HAMOODUR RAHMAN, C.J. AND SAJJAD AHMAD, J
Ghulam Qadir Khawaja, Advocate Supreme Court instructed by Meraj-ud-Din Choudlrury, Attorney. Nemo

Maulvi MUHAMMAD SHARIF

VS

AZIZ ULLAH-

Law:

Section:

Supreme Court Rules, 1956, Q. XIII, r. 1-Delay in filing petition-Civil matter-Valuable right accrues to other side by lapse of time-Litigant expected to be in constant touch with progress of case-Hence mere fact that counsel did not inform petitioner in time about dismissal of his revision by High Court­ Not sufficient cause for condonation of delay. ORDER HAMOODUR RAHMAN, C. J.-This petition is barred by 533 days as the Revision petition in the High Court was dismissed on the 6th April 1967, and this petition was filed only on the 19th November 1968. The only explanation given for this inordinate delay in the condonation petition is that the counsel engaged by the petitionerin the High Court failed to inform the petitioner about the dismissal of his revision petition. Hence he only came to know of it when a summons was pasted at his dwelling house oil the 8th of October 1968. This presumably was notice from, the executing Court, for this was…
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