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1982 SCMR 967 (1)

MEHR DIN vs GHULAM AKBAR AND 2 Other

Citation1982 SCMR 967 (1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 1111 of 1975 W. P. No. 386-R of
Date1982-02-20
Judge(s)Muhammad Haleem, Abdul Qadir Sheikh
ResultPetition dismissed

ORDER

1. ABDUL KADIR SHAIKH, J.-This petition is time-barred by 183 days. The reason advanced for condonation of the delay is that since the petitioner is an old man, suffering from ill-health, he was not able to apply, in time, for grant of certified copy of the impugned judgment of the High Court.

2. Moreover, he was not able to leave his village due to floods in the area, and was also detained for certain period in Jail custody in a case under sections 107, 151 Code of Criminal Procedure.

3. The relevant facts, however, are that it was as late as 14-6-1975, after the expiry of prescribed period of limitation of 60 days, that petitioner made application for grant of certified copy of the impugned judgment of the High Court dated 4-4-1.975. The incident of alleged floods and petitioner---s jail custody pertain to period after the petition had already been rendered as barred by time. The assertion of petitioner's ill-health has no other support beyond his oral word and it Day well be an afterthought.

4. In our opinion, sufficient cause for condonation of the delay has, not beenmade out the petition is therefore dismissed as barred by time.

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