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1987 SCMR 1819

MUHAMMAD RAZA And Others vs Mst. AALIA And Other

Citation1987 SCMR 1819
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 48-Q of 1986
Date1987-04-15
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultPetition dismissed

ORDER

ZAFFAR HUSSAIN MIRZA, J.--This petition for leave to appeal is directed against the judgment of the Division Bench of the Baluchistan High Court dated 22nd July, 1986. The petition was presented with a delay of two days according to the office of this Court.

2. Before considering the petition on merits we have heard the learned counsel for the petitioners to the request for the condonation of delay. The explanation for delay furnished in the application for condonation is as under:- "The petitioners are residents of Yousaf Kach in District Pishin which is far away from Quetta. The petitioners could not contact their Advocate-on-Record earlier due to their impression that 60 days' period would expire after two days."

Learned counsel for the petitioners urged that the delay was not intentional or deliberate but due to bona fide mistake in computing the period of 60 days from the date of the delivery of the certified copy of the impugned judgment. Learned counsel for the caveator strongly opposed the application and submitted that no sufficient cause for condonation of delay has been made out.

3. We have perused the record and we find that the petition was drawn up and prepared on 27th September, 1986 and the power of attorney authorizing the learned Advocate to act on behalf of the petitioners was also signed on the same day. Yet for no apparent reason the petition was submitted to this Court on 29th September, 1986. As no explanation for this delay has been furnished, when there was no hurdle in presenting the petition on 27th September, 1986, we are not satisfied that the petitioners are entitled to condonation of delay. The application is accordingly dismissed. In consequence the petition being barred by time is also dismissed.

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