' MUNIR A. SHEIKH, J.-This petition is directed against the judgment, dated 25-2-2000 of the Lahore High Court through which Constitutional petition filed by the petitioner has been dismissed.
2. The respondents filed a suit against the petitioner in which the petitioner made an application under Order VII, Rule 11', C.P.C. For rejection of the plaint. It was dismissed through order, dated 12-11- 1999 by the trial Court against which revision petition filed by the petitioner was dismissed by the learned Additional District Judge, through order, dated 6-1-2000. The petitioner filed Constitutional petition before the High Court which has been dismissed through the impugned judgment, dated 25-2-2000 against which leave is sought.
3. This petition is barred by 15 days. In the application for condonation of delay, it has been stated that the learned counsel for the petitioner intimated the petitioner that though the writ petition had been dismissed but certain observations had been made which were sufficient to safeguard the interest of the petitioner therefore, there was no need to file civil petition for leave to appeal before this Court but when certified copy of the judgment was obtained, it was found that it was necessary to file this civil petition, therefore, delay should be condoned.
4. No affidavit of Ch. Zafar Ullah, Advocate, who allegedly intimated the petitioner that there was no need to file civil petition has been appended with this petition. Even otherwise, the said ground is no ground for condonation of delay much less sufficient grounds as envisaged by the rules of this Court. Apart from this, the judgments passed by the Courts below in this case are perfectly in accordance with law for rejection of the plaint was sought on the ground that the matter was barred by res judicata and it has been rightly held that the same could be decided after framing regular issue and leading of evidence.
5. The petitioner will be at liberty to produce evidence after framing of issue on the point that the suit was barred by respondent judicata which shall be decided in accordance with law.
6. Resultantly, this petition is dismissed both on merits and also as barred by time and .