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Civil Petition for Special Leave to Appeal No. 35 of 1968, decided on 20th June 1968.
(On appeal from the judgment and decree of the High Court of West Pakistan. Lahore, dated the 1st June 1967, in Regular Second Appeal No. 88 of 1958).
Art. 58 (3) and Supreme Court Rules, 1956, O. XIII, r. 1‑Petition barred by time‑Special Leave to Appeal prayed for against order of single Judge and not against order refusing certificate for filing Letters Patent Appeal Time taken, in circumstance, in obtaining certified copy of order refusing certificate‑Cannot be exempted‑Letters Patent (Lahore) Cl. 10.
O. XIII, r. 1‑Limitation Grounds for condonation : (i) that petitioner had to make arrange ment for legal expenses and (ii) Counsel required time to prepare petition‑Explanation, held, not satisfactory at all‑Petition dismissed as barred by time.
S. Bashir Ahmad, Senior Advocate Supreme Court (Jamil Parvaiz, Advocate Supreme Court with him) instructed by Ghulam Mujtaba, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 20th June 1968.
‑According to the office, this petition is barred by time by 170 days. If the period from 23‑6‑1967 to 23‑11‑1967 (i.e. 153 days), during which the petitioner was pursuing his application for a certificate in the High Court, is excluded, even then this petition would be barred by 30 days. The learned counsel has half‑heartedly contended that he was also entitled to claim exemption for the period from 24‑11‑1967 to 22‑12‑1967, which was taken by the office of the High Court in supplying of certified copy of the order refusing certificates of fitness to file a Letters Patent Appeal. In our opinion, he is not entitled to claim exemption for this period, because he is really seeking leave to appeal against the order of the learned Single Judge and not against the order refusing certificate. Hence obviously this petition is barred by time by 30 days.
In the petition for condonation of delay it is stated that part of the time was taken by the petitioner to arrange for the legal expenses and part of the time was taken by his counsel in pre paring the petition. The above explanation is not considered at all satisfactory We, accordingly, dismiss this petition as time -barred.
Petition dismissed.
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