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2000 SCMR 1135

SHAHID HUSSAIN vs MUHAMMAD AKRAM

Citation2000 SCMR 1135
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,2108-L of 1999
Date1999-12-21
Judge(s)Irshad Hasan Khan, Muhammad Arif, Raja Afrasiab Khan
ResultPetition dismissed

ORDER

' This petition for leave to appeal is directed against the judgment, dated 25-10-1999 passed in Civil Revision No,622 of 1996 by a learned Single Judge of the Lahore High Court, Multan Bench.

2. It is not necessary to give detailed history of the case. Suffice it to say that a suit for specific performance of the agreement, dated 15-7-1984 to sell the land, allegedly executed by the petitioner in favour of the respondent, was decreed ex parte on 29-6-1989. Application of the petitioner for setting aside the same was dismissed on 20-6-1992, in that, despite various opportunities provided to the petitioner he failed to produce his evidence which was eventually closed on 23-5-1992. Appeal filed against the above order was dismissed by the learned Additional District Judge, Muzaffargarh on 4-4-1996 being barred by time as well as on merits. The revision petition filed by the petitioner before the High Court also failed vide impugned judgment, dated 25- 10-1999, in that, the petitioner failed to tender any explanation, whatsoever, as to inordinate delay in filing appeal against the order, dated 20-6-1992 and that the order was within the contemplation of Order XVII, Rule 1(3) of the Code of Civil Procedure.

3. We have heard the learned counsel for the petitioner at some length and perused the material available on record. The impugned order appears to be unexceptionable and in conformity with the case of Siddique Gohar v. Fazal Rehman (PLD 1987 Pesh. 24) wherein in somewhat identical circumstances this Court upheld the order of closure of evidence. Additionally, the learned Judge in Chambers was quite right in observing that the petitioner applied for the copy of order, dated 20- 6-1992 on 13-9-1994. Copy was delivered to him on the very date but the appeal was resorted to only on 1-12-1994. No explanation, whatsoever, for condoning the above inordinate delay of more than two years is forthcoming.

Cited by 2 cases

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