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2004 SCMR 217

MUHAMMAD AYYUB vs THE STATE

Citation2004 SCMR 217
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,153-L of 2002
Date2002-03-20
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultLeave refused

' MUNIR A. SHEIKH, J.---This petition is barred by 68 days. Learned counsel for the petitioner submitted that the judgment was announced on 9-1-2002 for interim relief but he did not receive the cause list in which the said case was listed for announcement of judgment as such he could not come to know that the judgment had been announced, therefore, the delay took place.

2. Learned counsel when questioned frankly admitted that the name of the learned counsel for the petitioner appeared in the computerized cause list of the High Court on 9-1-2002 when the judgment was pronounced but his plea was that the same was not delivered in the office of the learned counsel of the petitioner by the office-bearer of the Lahore High Court Bar Association as the arrangement about the distribution of cause list of the cases fixed before the High Court between the High Court Bar Association and the High Court was that the same will be distributed by the office-bearer of the High Court Bar Association.

3. In our view the act of the employee of the Lahore High Court Bar Association who shall be deemed to be the agent of the petitioner's learned cohnsel being Member of the Bar of not delivering the cause list in the office of the learned counsel for the petitioner in law cannot be considered as a ground in the matter of condonation of delay, therefore, the grounds mentioned in the application for condonation are not sufficient within the contemplation of sufficient ground as envisaged by law declared by the superior Courts.

4. For the foregoing reasons, the application made by the petitioner for condonation of delay is hereby dismissed as a consequence of which the main petition is also hereby dismissed as barred by time and .

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