1. HAMOODUR RAHMAN, C. J.-This petition by the Islamic Republic of Pakistan through the Secretary Ministry of Communications Government of Pakistan is barred by 108 days. An application has however been filed for the condonation of tie delay on the ground that after the writ filed by the petitioner was dismissed by a learned Single Judge of the Peshawar High Court on the 3rd of August, 1972 the petitioner applied to the High Court for a certificate presumably under sections 109 and 110 read with Order XLIV, rule 2 of the Code of Civil Procedure, without noticing that under clause 2(a) of Article 186 of the Interim Constitution of the Islamic Republic of Pakistan the High Court could only certify the case if it involved a substantial question of law as to the interpretation of the said Constitution and on no other ground could a certificate of fitness be granted by the High Court.
2. The application for the certificate was therefore, hopelessly misconceived. Nevertheless, it has been contended in the petition for the condonation of delay that the period spent in pursuing this application in the High Court which was refused on the 1st of December 1972 should be condoned and the petition entertained.
3. A valuable right accrues to the other side by the lapse of time and he cannot be lightly deprived of this right merely on the ground that the other side has unnecessarily wasted time on frivolous and wholly misconceived petitions in the High Court. There was no justification at all for the application for the certificate of fitness which was filed in the High Court. It was neither competent under the Interim Constitution nor under the Civil Procedure Code and it was rightly dismissed by the High Court on that ground.
4. Ignorance of law can never be an excuse sufficient to defeat another person's right. We cannot, therefore accede to the request made for the condonation of the delay. It is refused and the petition is dismissed as being hopelessly barred by time.