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versus


Article (58 (time)) has been ordered by the affidavit to explain the request for sanctions with a delay of every day, respecting some of the facts that have been alleged.

1968 S C M R 1339

Present : Muhammad Yaqub Ali and Abdus Sattar, JJ

EVACUEE PROPERTY TRUST BOARD, GOVERNMENT OF PAKISTAN, LAHORE

Petitioner

versus

Kh. GHULAM SADIQ BUTT AND OTHERS‑Respondents

Civil Petitions for Special Leave to Appeals Nos. 92 and 93 of 1968, decided on 28th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th December 1967, in Settlement Appeals Nos. 19 and 18 of 1967, respectively).

Constitution of Pakistan (1962)---

--

Art. 58(3)‑Petition barred by time‑Delay of each day to be explained‑Affidavits ordered to be feted respecting certain facts alleged in petition‑Supreme Court Rules, 1956, O. XIII, r. 1.

Syed Jamil Hussain Rizvi, Senior Advocate Supreme Court instructed by Syed Wajid Hussain, Senior Attorney for Petitioner.

Nemo for Respondents Nos. 1 and 2.

Gul Muhammad Butt, Advocate Supreme Court instructed by Tanvir Ahmad, Attorney for Respondent No. 3.

Date of hearing : 28th June 1968.

ORDER

MUHAMMAD YAQUB ALI, J.

‑These two petitions for leave to appeal, in a civil matter, are barred by time.

It is said that the delay occurred as the approval of the Chairman, Evacuee Property Trust Board, could not be obtained in time on account of his pre‑occupation in connection with the visit of Ulemas from foreign countries to attend the celebration of Nazul‑i‑Quran anniversary at Rawalpindi and Karachi. Copies of the High Court judgments were obtained on 18‑1‑68 but it is not shown how the case for filing the present petitions for special leave to appeal was processed in the Office till the 21st February 1968, when the necessary approval was obtained.

As delay for each day is to be explained the petitioner should file an affidavit setting out the necessary facts and the date on which the file was sent to the Chairman for according the necessary approval.

Order accordingly.

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