Case Details

Citation(s)
2002 SLG 1094 2002 SLD 1094 2002 SCMR 37
Supreme Court of Pakistan
Civil Petition No. 1907 of 2000, decision dated: 12-07-2001.(On appeal from the judgment dated 19-9-2000 of the Lahore High Court passed in Civil Revision No.2197 of 1985)
MUNIR A. SHEIKH AND NAZIM HUSSAIN SIDDIQUI, JJ
Sardar Asmatullah Khan, Advocate Supreme Court for Petitioners. Zahid Hussain Khan, Advocate Supreme Court for
Respondents.

NAZIRAN BEGUM and 2 others

VS

SALEH MUHAMMAD and others

Law:

Section:

(a) Limitation Act (IX of 1908)---S. 5--Constitution of Pakistan (1973), Art. 185(3)---Condonation of delay---Petition delayed by one day---Notice not issued by copying agency for obtaining certified copy---Effect---Where the delay was of one day, Supreme Court in the interest of justice in order to decide the case on merits, condoned the delay. (b) Punjab Pre-emption Act (I of 1913)--- ----Ss.4 & 21---Constitution of Pakistan (1973), Art 185(3)---Superior right of pre-emption ---Plea of being a collateral---Pedigree-table---Concurrent findings of the Courts below ---Vendees failed to prove that they were related to vendor in nearer degree than the pre-emptors ---Pre-emptors and father of the vendor, according to the pedigree-table were related to each other through common ancestor---Effect---Findings of the Court below were correct as mention of the fathers of the pre-emptors had been specifically made in the pedigree-table---Findings of facts recorded by all the Courts below against the vendees did not suffer from any legal infirmity---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---According to the office note, this petition is barred -by one day. An application has been moved for condonation of delay according to which the impugned judgment was passed on 19-9-2000. Application for supply of certified copy was made on 21-9-2000 and the same was obtained on 30-10-2000 and this petition was filed on 29-r1-2000 with a delay of one day. According to the certified copy of the judgment, the same was prepared on 30-9-2000. Learned counsel for the petitioner submitted that no notice was issued to the petitioners by the Copying Agency for obtaining certified copy intimating the petitioners that the same had been prepared. 2. Since it is a question of delay of one day, therefore, in the interest of justice in order to decide the case on merits, we condone the delay. 3. The petitioners, through this petition want to assail the legality of judgment dated 19-9-2000 of the Lahore High Court through which their revision petition against the concurrent findings of facts of the Courts below has been dismissed. 4. The suit filed by the respondents to pre-empt…
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