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1975 SCMR 377

SYED JILANI vs THE ADDITIONAL SETTLEMENT COMMISSIONER AND ANOTHER

Citation1975 SCMR 377
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, K-163 of 1974
Date1975-03-07
Judge(s)Hamoodur Rahman, Muhammad Gul, Muhammad Yaqub Ali Khan
ResultPetition dismissed

ORDER

1. ' MUHAMMAD YAQUB ALI, J.-This petition for leave to appeal is barred by time. The explanation given in the application for condonation of delay is that the petitioner was outside Karachi and his son handed over the Power of Attorney to the petitioner's counsel for "execution" and that "despite all care taken by the petitioner, the said Power of Attorney was made available to the Advocate-on- Record in the afternoon of 16th August 1974, but the said date being a Friday, the Branch Office of this Hon'ble Court was closed." It is difficult to make out proper sense out of the explanation but whatever it may mean,' it does not absolve the petitioner of the delay in lodging the petition for leave to appeal. Moreover, the Registry of the Court at Karachi does not close on Friday as is alleged in the application. It is also significant that the application for condo nation of delay was made on 6th of March 1q75, while the belated petition for special leave to appeal was filed on 19th August 1974.

2. ' As valuable proprietary rights have come to be vested in the respondent, we do not find it a fit case to condone the delay. The petition is dismissed as barred by time.

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