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1983 SCMR 647

Mst. MUMTAZ BEGUM vs Qazi JAMILUDDIN AND 4 Other

Citation1983 SCMR 647
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 641 of 1974 W. P. No. 414-R of
Date1978-02-21
Judge(s)Waheeduddin Ahmad, Nasim Hasan Shah
ResultLeave refused

ORDER

1. NASIM HASAN SHAH, J.-The office note shows that the petition is barred by 96 days. The judgment of the High Court was delivered on 17th January, 1974. The application for grant of copy was submitted on 11th March, 1974 and the copy was ready for delivery on 23rd April, 1974. Thus 44 days we're taken in the preparation of the copy. However, the petition for leave to appeal was not filed in this Court until 5th August, 1974, 200 days after the passing of the judgment by the High Court. The petition, after deducting 60 days, within which it can be lodged, and 44 days spent in the preparation of the copy, is out of time by 96 days.

2. The learned counsel, in excuse of the delay has submitted that an application for obtaining a certified copy of the Writ Petition was submitted on 26th April, 1974, before the expiry of limitation for filing the petition for leave to appeal. The same was supplied on 3rd August, 1974 (Saturday) when the Registry was closed and the petition was filed on the next working day, viz. 5th August, 1974. According to the learned counsel the days spent in obtaining the certified copy of the Writ Petition are also liable to be excluded.

3. We find no force in this contention. The learned counsel was unable to show any law in support of his submission that the time taken in the preparation of the copy of the Writ Petition can be tagged on, With, the time spent in the preparation of the copy of the impugned judg--ment- No ground for condonation of delay is, therefore, made out.

4. Accordingly, this petition is dismissed as barred by time.

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