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FATEH DIN versus MEMBER, BOARD OF REVENUE


A certified copy of the decision for delivery on the twelfth, r 1 24 7 67

1969SCMR 854

Present : A. R. Cornelius, C. J. and Fazle‑Akbar, J

FATEH DIN‑Petitioner

versus

MEMBER, BOARD OF REVENUE AND OTHERS Respondents

Civil Petition for Special Leave to Appeal No. 304 of 1967, decided on 3rd October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 11th May 1967, in Writ Petition No. 700 of 1967).

Supreme Court Rules, 1956---

---

O. XIII, r. 1‑Certified copy of judgment ready for delivery on 24‑7‑67‑No plausible explanation for delay‑Petition dismissed as time‑barred.

Muhammad Rashid, Advocate Supreme Court instructed by S. Inayat Hussain, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 3rd October 1967.

JUDGMENT

FAZLE‑AKBAR, J.‑

This petition is barred by time by 24 days. In the petition for condonation of the delay it is stated that (i) this petition for special leave could not be filed in time because the lawyer did not communicate to the petitioner the fate of his writ petition and (ii) that he was also not given any lots for the delivery of the certified copies by the Copying Branch.

The writ petition was dismissed or. 11‑5‑67 and the petitioner applied for certified copy of the judgment on 12‑7‑6. There is no plausible explanation why he did not try to ascertain the fate of his writ application for about 2 months. It seems that he took delivery of the certified copy of the judgment on 31‑7‑67 though it was ready on 24‑7‑67. The explanation for the delay therefore cannot be considered at all satisfactory.

This petition is dismissed as time‑barred.

Petition dismissed.

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