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Civil Petition for Special Leave to Appeal No. 72‑D of 1968, decided on 21st August 1968.
(On appeal from the judgment and order of the High Court of East Pakistan, dated the 20th December 1967, in Petition No. 237 of 1966).
Art. 58 (3) and Supreme Court Rules, 1956, O. XIII, r. 1‑Petition barred by time‑Explanation that petitioner was seriously ill but no medical certificate filed to show that he could not give instructions to his attorney for taking necessary steps Petition dismissed as barred by time.
Muhammad Mozzammal Haq, Senior Advocate Supreme Court (Muhammad Moksudor Rahman, Advocate Supreme Court with him) instructed by A. W. Mallik, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 21st August 1968.
This petition is barred by time by 162 days. In the petition for condonation of the delay it is stated that the petitioner developed acute and persistent pain in his kidney on 15th May 1968, and he was removed to Dacca Medical College Hospital on 17th May 1968, in a serious condition and he is still in the said hospital. So he could not take necessary steps to file the petition for special leave to appeal in time.
He has, however, not filed any medical certificate to show that he was not in a position to give instructions to his Attorney to take necessary steps for filing this petition.
Furthermore, the explanation that he came to know of the order of the High Court dated 1‑1‑1968 for the first time on 7‑5‑1968 is also not considered at all satisfactory.
This petition is, therefore, dismissed as time‑barred.
Petition dismissed as barred by time.
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