| Citation(s) |
|---|
| 1971 SLG 126 1971 SLD 126 1971 SCMR 54 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 117-D of 1969, decision dated: 29th May 1970. (On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated the 3rd July 1969, in Appeal from Appellate Decree No. 189 of 1962)
HAMOODUR RAHMAN, C.J. AND SALAHUDDIN AHMED, J
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Civil Petition for Special Leave to Appeal No. 117-D of 1969, decision dated: 29th May 1970. (On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated the 3rd July 1969, in Appeal from Appellate Decree No. 189 of 1962)
HAMOODUR RAHMAN, C.J. AND SALAHUDDIN AHMED, J
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Law:
Section:
Limitation Act (IX of 1908), S. 5-Condonation of delay-Petition for Special Leave to Appeal to Supreme Court-Time for filing begins to run from date of delivery of -Copy of decree-Not required to be filed alongwith petition and even if it has to be filed does not give fresh lease of limitation-Time spent in obtaining such copy may, however, be taken into consideration in condoning delay if each day's delay satisfactorily explained. JUDGMENT HAMOODUR RAHMAN, J.-This petition is barred by 20 days and the only explanation given for the delay is that the petitioner was under the erroneous impression that the time for filing of petitions for special leave in this Court in civil matters commenced from the date of the signing of the decree. This impression is wrong, for, a copy of the decree is not required to be filed h along with the petition for special leave to appeal. In the present case, the judgment of the High Court was delivered on the 3rd July 1969, copies were applied for on the 13th August 1969, decree was signed on the 15th of October 1969 and certified copies of the judgment and decree were delivered on the 30th of October 1969. The petition for special leave was,…
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