Pakistan Case Law← Search
2000 SCMR 1197

Mian ABDUL RAHIM SETHI and others vs FEDERATION OF PAKISTAN through

Citation2000 SCMR 1197
CourtSupreme Court of Pakistan
Judge(s)Muhammad Arif, Saeeduzzaman Siddiqui, Sh. Riaz Ahmad
ResultPetition dismissed

' SAIDUZZAMAN SIDDIQUI, C.J.--The above mentioned four direct civil appeals and a civil petition for leave to appeal are directed against a common judgment of a learned Division Bench of Lahore High Court dated 5-12-1999.

2. Civil Appeals Nos.375 to 377 and 379 of 1993 are barred by 135 days while Civil Petition for Leave to Appeal No,887-L of 1993 is time-barred by 51 days. In all the above mentioned appeals and the petition separate applications have been made for condonation of delay on the ground that Muhammad Amin son of Muhammad Yousaf Sethi, who was pursuing the above cases, became seriously ill, and therefore, the appeals and the petition could not be filed within time. The precise grounds taken in the applications for condonation of delay are as follows:-- "1. That the appellant has filed the above titled appeal. The petitioner applied for getting certified copy of the impugned judgment of Lahore High Court, Lahore on 3-2-1993 as the petitioner was seriously ill and copy was not prepared for several dates but was given to the petitioner, and ultimately the petitioner was able to get certified copies of the impugned judgment, on 29-3-1993.

2. That unfortunately the petitioner has been filing all the petitions and appeals in the Courts and pursuing all cases throughout the acquisition of land subject-matter of the appeal.

3. That the petitioner is, old patient of Diabetes and Angina and heart trouble. After getting the copies of the impugned judgment, he became seriously ill and could not contact the counsel for preparation of the appeal/ petition.

4. That now a days he has been admitted in the Hospital namely Punjab Institute of Cardiac Centre, Jail Road, Lahore and he is in bed and he has been undergone the operation of heart and bypass operations due to blockage of blood and has not been recovered and is still admitted in the hospital.

5. That due to serious illness of the petitioner for the last three months as he was not able to perform his usual duties. A certificate to this effect has been attached with this petition/ appeal.

6. That material law points and grounds are involved in the title appeal/ petition for determination of this Hon'ble Court. If delay in filing the appeal/ petition is not condoned and the same is not heard on merits the petitioner shall suffer an irreparable loss.

7. That the delay in filing the appeal /petition is due to serious illness of Muhammad Amin Sethi, appellant/ petitioner and was beyond his control to file in time. Therefore, it is in the interest of justice and equity that the delay if any in filing of appeal/ petition be condoned and the same be heard on merits."

' The appellants/ petitioners in support of the application for condonation of delay have filed a medical certificate from a private practitioner of Gujranwala dated 1-4-1993, which reads as follows:-- "This is to certify that I examined Mr. Muhammad Amin son of Mr. Muhammad Yousaf Sethi in my Clinic. Clinically he is a known case of I.H.D. Now he is having severe chest pain radiating to left shoulder and arm. He is advised complete investigation, medication and complete rest for three months w,e,f, 1-4-1993 to 24-6-1993. His specimen signatures are given below."

' There is also attached a certificate from Punjab Institute of Cardiology which states that Muhammad Amin Sethi son of Muhammad Yousaf Sethi was operated upon in for C.A.B.G. On 22- 5-1993, which is an open heart surgery. The learned counsel for the appellants/ petitioners is seeking condonation of delay on basis of the averments made in the application which is claimed to be supported by the medical certificates referred to above.

3. The judgment of the High *Court impugned in the above appeals/ petitions is dated 5-12-1992, copy whereof was delivered to the appellants/ petitioners on 29-3-1993. Nothing has been stated in the application for condonation of delay as to what prevented the appellants /petitioners from making an application for certified copy of the judgment on the date it was announced, The application for condonation of delay also does not disclose the date on which the appellant Muhammad Amin Sethi, fell ill and when he recovered from his illness. The grounds mentioned in the application for condonation of delay are of general nature without giving explanation for delay of each day, which is sought to be condoned in filing the appeals/ petition. Even the medical certificate, which is relied by the learned counsel for the appellants/ petitioners, does not advance the case of the appellants/ petitioners any further as admittedly the appellant Muhammad Amin Sethi was operated on 22-5-1993 and it has not been disclosed as to what happened between the period from 23-5-1993 till the date of filing of appeals/ petitions before this Court. After hearing the learned counsel for the appellants/ petitioners, we are satisfied that no ground for condonation of delay is made out. The appeals/ petition for leave to appeal are, accordingly, dismissed as time- barred.

Cited by 4 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search