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PLD 1997 Supreme Court 563

MUHAMMAD NAWAZ vs ABDUS SALAM and anothers

CitationPLD 1997 Supreme Court 563
CourtSupreme Court of Pakistan
Case No.Civil Petition No,2139-L of 1996
Date1997-02-12
Judge(s)Raja Afrasiab Khan, Zia Mahmood Mirza
ResultLeave refused

1. ' ZIA MAHMOOD MIRZA, J.--This petition seeking leave to appeal against the judgment of Lahore High Court, Multan Bench dated 9-6-1996 is barred by 18 days. Petitioner seeks condonation of delay on the ground that the certified copies were prepared and completed on .15-7-1996 but the Copying Agency gave no intimation to him with the result that he collected the copies on 6-11-1996.

2. According to the learned counsel, the entire time spent until the collection of copies by the petitioner would be a "time requisite" for obtaining the copies within the meaning of section 12 of the Limitation Act. In support of his submission, learned counsel relied upon West Pakistan Industrial Development Corporation, Karachi v. Aziz Qureshi 1973 SCM R 555 and Fazal Rahman v.

3. Rahim Gul and others 1981 SCM R 1258. Both these cases are distinguishable on facts because in the first case, the impugned order of the High Court was passed on 7th September, 1964; application for certified copy of the order was made on the same day; Copy was made ready on 14th October, 1964, stamp was supplied on 15th October, 1964 on which date the copy was certified and the copy was supplied on 17th October, 1964. This shows that the petitioner in the precedent case was actively pursuing the matter and the copy of the order was supplied to him within three days of its having been made ready, while in the instant case petitioner took almost four months in collecting the copies and no reasonable explanation has been given for this inordinate delay. Petitioner appears to have acted with utter negligence. Similarly in the second case, too, the copies of the judgment and decree were made ready on 27th of June, 1968 and were delivered on 12th of July, 1968 i,e, within 15 days. As observed above, petitioner in the present case acted negligently and, therefore, we are not pursuaded, in the peculiar facts of the case, to allow his request for condonation of delay. His application for condonation of delay is accordingly dismissed with the result that the petition for leave to appeal stands dismissed as time-barred.

Cited by 8 cases

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