1. HAMOODUR RAHMAN, C. J.-This petition is barred by 248 days. In the application for condonation of delay, there is no explanation whatsoever for the delay in the filing of the petition between the 31st of January 1972, when the copy of the order refusing the certificate under Clause 10 of the Letters Patent was received and the 24th of February 1972, when the petition was filed.
2. It is now well-settled that the limitation begins to run from the date of tile judgment in second appeal, but the period spent in obtaining a certificate for appeal under Clause 10 of the Letters Patent may be condoned if it is found that the petitioner has been diligent throughout and is in a position to explain the delay.
3. The delay is not to be lightly excused in civil matters, because by the lapse of time, valuable rights accrue to the other side and they cannot be taken away lightly. This has been repeatedly laid down by this Court in the cases of Paresh Chandra Biswas v. Tapen Kand Choudhury (PLD1963SC598) and Kalachand Sikdar v. Fazlur Karim Mian (16DLR417(SC)).
4. This petition is accordingly dismissed as being barred by time.