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1975 SCMR 304

MUHAMMAD HUSSAIN AND OTHERS vs SETTLEMENT AND REHABILITATION

Citation1975 SCMR 304
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 327 of 1974
Date1975-02-20
Judge(s)Hamoodur Rahman, Muhammad Gul
ResultPetition dismissed

ORDER

1. ' HAMOODUR RAHMAN, C. J.-This petition is barred by 11 days. When it first came up for hearing on the 30th of December 1974, time was granted, at the request of the learned counsel appearing in support of the petition, for filing an application for the condo nation of the delay. That application was filed only on the 18th of February 1975. Now the excuse put forward in the application is that the petitioner was laboring under the impression that since the time for obtaining the copy was to be allowed, the application was in time.

2. ' In this case the impugned order of the High Court was made on the 7th of December 1973. Copy of the order was applied for on the 17th of January 1974. It was made ready on the 26th of March 1974 but the petition was filed only on the 26th of April 1974. There is no explanation for the delay between the 26th of March 194, and the 26th of April 1974.

3. It further appears that immediately the petition was brought to the Registry of this Court, the learned Advocate-on-Record was informed that it was barred by time. The explanation that the petitioner was under some misconception cannot, therefore, be accepted.

4. ' In civil matters a valuable right accrues to the other side by lapse of time and it is necessary that each day's delay should be satisfactorily explained. 8 This the petitioner has clearly failed to do in the .Present case. This petition is accordingly dismissed as being barred of time.

Cited by 3 cases

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