Law:

Section:

Constitution of Pakistan (1973)-------Art. 212 (3)---Petition for leave to appeal ---Condonation of delay--­Return of petition on office objection--- Failure to explain delay of each day---Petition was filed on the last day of limitation and the same was returned with objection to annex certified copies of grounds of appeal filed before Service Tribunal---Petition was re-filed after 9 days of the expiry of limitation---Effect---After return of petition in original, the same would not be deemed pending in the office of Supreme Court, therefore, time spent by petitioner in arranging copies of ground of appeal for want of which the petition was returned, would not be excluded for mere reason that the petition, for the first time was filed within time---Petitioner at the first instance filed the petition on the last date of limitation and on return, without asking for time or taking an immediate step for removal of defect, filed the same with a delay of 9 days---Petitioner was required to explain delay of each day from the date of return of petition to the date of re-filing but he had neither given any explanation regarding the circumstances under which the petition could not be re-filed on the same day, nor could give the reason for taking 9 days in re-filing the same---No substantial question of law of general public importance was involved in the case---Leave to appeal was refused. M. Ilyas Sr. Advocate Supreme Court with Muhammad Aslam Chatta, Advocate-on-Record for petitioners. Mehr Khan Malik, Advocate-on-Record for Respondent (in C.P No. 469 of 200.4). Date of hearing: 4th August, 2004. ORDER MUHAMMAD NAWAZ ABBASI, J.---These petitions under Article 185(3) of the Constitution of Islamic Republic of Pakistan involving common questions of law and facts, have been directed against a consolidated judgment dated 6-12-2003 passed by the Federal Service Tribunal in separate service appeals filed by the petitioners. 2. These petitions are barred by 9 days and condonation of delay has been sought on the ground that initially, the petitions were filed at Lahore on 14-2-2004 on the last day of limitation but the same were returned on the same day by the Deputy…

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