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Civil Petition for Special Leave to Appeal No. 468 of 1967; decided on 23rd February 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th May 1967, and 21st July 1967, in R. S. A. No. 96 of 1961, and order dated the 17th October 1967, in R. S. A. No. 59 of 1967). .
Constitution of Pakistan (1962), Art. 58(3) read with Supreme Court Rules, 1956, O. XIII r. 1‑Petition for leave to appeal to .Supreme Court‑.Limitation‑‑Condonation of delay. Sixty day's limitation already expired‑Every a day's delay must be explained Time spent in attempting to procure certificate (which was refused) .for Letters Patent Appeal in High Court, acceptable. ,explanation, but not that spent in getting High Court to Preview its final order‑‑Delay, apart from that caused by attempting a review, also remaining unexplained ‑‑ Petition dismissed as barred by time‑(Zafarullah Khan v, Mst, Hussain Bibi P L D 1968 S C 61 ref.].
Sher Alan Mian, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner.
Nemo for Respondent.
Date of hearing: 23rd February 1968.
CORNELIUS, C. J.‑‑
This petition is barred by time. It seeks leave to appeal against an order of a learned Single Judge of the High Court dated the 16th May 1967. Two delays occurred thereafter. The first, which ended on the 21st July 1967, was necessary, for the petitioner had to attempt a Letters patent appeal in the High Court before he could come to this Court. The necessary certificate for such an appeal was refused. But the second delay, which ended on the 17th October 1967, was of the petitioner's own making, for he attempted a review of the order of the 21st July 1967, which was unsuccessful. It was "only after this that he applied for copies of the relevant orders, which were available on the 21st November 1967. Even after that 17 days were allowed to elapse before the petition was filed in this Court.
Limitation for filing an appeal against a final order of the High Court in a civil matter is 60 days, which in this case commenced to run from the 16th May 1967. Allowing the period spent before a certificate for a Letters Patent appeal was refused on the 21st July 1967, it was the duty of the petitioner to approach this Court with the minimum of delay, as the 60 days of limitation had already expired. He chose to delay the matte over an optional review, application till the 17th October 1967, when he was still further out of time. Five days were allowed to go by before application was made for copies of the High Court orders, and when these were available, another 17 days q were wasted, before he moved the present petition.
In the circumstances of this case, when time has already expired counted from the day of the order sought, to be appealed from, it is the duty of the petitioner to explain every day's delay, if he seeks condonation, vide, Zafarullah Khan v. Mst. Hussain Bibi (PLD 1968SC61). No acceptable explanation is offered for the delay after the 21st July 1967. In the meantime by lapse of limitation, valuable rights in property have been assured in favour of the opposite‑party.
We refuse to condone the delay, and dismiss this petition as barred by time.
A. H. Petition dismissed.
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