1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought against the dismissal by the High Court of petitioner's first appeal against an original order of the District Court regarding the character of the suit property; namely, whether or not it was Waqf property.
2. ' Admittedly the appeal was time-barred and was dismissed as such.
3. ' Learned counsel, however, contended that the application for condonation of delay under section 5 of the Limitation Act should have been allowed on the ground that the papers for filing the appeal were handed over to the counsel well in time and that if he had not acted with gross negligence the appeal could have been filed within time. He also contended that the conduct of the counsel engaged for the petitioner in the High Court smelt collusion with the opposite-party.
4. Same arguments were raised before the High Court. They were repelled by observation regarding facts. There is no reason to differ with the High Court on the question of appreciation of facts before it. Leave to appeal, therefore, is refused.
5. ' Leave to .