| Citation(s) |
|---|
| 2008 SLG 1662 2008 SLD 1662 2008 SCMR 703 |
Supreme Court of Pakistan
C.P. No.149-K of 2007, decision dated: 7-09-2007
HAMID ALI MIRZA AND GHULAM RABBANI, JJ
Ghulam Qadir Jatoi, Advocate-on-Record for Petitioner
C.P. No.149-K of 2007, decision dated: 7-09-2007
HAMID ALI MIRZA AND GHULAM RABBANI, JJ
Ghulam Qadir Jatoi, Advocate-on-Record for Petitioner
AYUB through L.Rs. and others
VS
NISAR AHMED and others
Law:
Section:
Constitution of Pakistan (1973)---Art. 185(3)---Petition for leave to appeal---Limitation---Condonation of delay---Contention of counsel for petitioners was that second Appellate Court as well as two courts below having not considered the evidence in proper perspective, impugned could not be sustained---Contention was repelled for the reason that petition was barred by 33 days---Counsel attempted to explain the delay by stating that no date of impugned having been mentioned to facilitate computing period of limitation, there would be no question that petition was barred by time---On a question whether was announced or after hearing the was reserved or on a later date it was announced, counsel had no answer to give---Counsel being totally helpless could not show that petition was within time---No application for condonation of delay had been moved by counsel for petitioners---Concurrent findings of fact could not be interfered with in absence of any legal or factual infirmity with said findings. JUDGMENT HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against judgment, dated 30-11-2006 in Civil Appeal No.5 of 1979 passed by learned Single Judge of the High Court of Sindh Bench at Sukkur, whereby the said appeal was dismissed maintaining the judgments and decrees of the Courts below. 2. Facts of the case need not be reiterated as the same have been stated in the memo. of petition as well as in the impugned judgment. 3. We have heard learned counsel for the petitioners and perused the record. 4. Contention of learned counsel for the petitioners is that 2nd Appellate Court as well as two Courts below have not considered the evidence in proper…
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