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SHEIKH COTTON FACTORY versus PROVINCE OF WEST PAKISTAN.


Seventh Twelfth, r 1 Explanation of time restriction by request: that the applicant was out of the station on business inclination is not sufficient to delay the concession

1969 S C M R 48

Present: Muhammad Yaqub Ali and Abdus Sattar, JJ

MESSRS SHEIKH COTTON FACTORY, VEHARI Petitioner

versus

THS PROVINCE OF WES C PAKISTAN AND ANOTHER‑Respondents

Civil. Petition for Special Leave to Appeal No. 278 of 1968, decided on 8th October 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the‑ 22nd February 1968, in Writ Petition No. 1978 of 1964).

Supreme Court Rules, 1956----

---

O. XIII, r. 1‑Petition barred by time‑Explanation for delay: that petitioner was out of station on business bent‑Not sufficient for condonation of delay.

Malik Muhammad Afzal, Advocate Supreme Court instructed by Mehrajuddin Chaudhry, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 8th October 1968.

ORDER

MUHAMMAD YAQUB ALI, J.‑

This petition for special leave to appeal is barred by 66 days.

The explanation that the petitioner had gone to Karachi in connection with the disposal of cotton bales does not constitute sufficient ground for extension of time within Order X111, rule 1. Moreover there is no explanation for the delay between the 13th of June 1968, when the copy of the High Court judgment was delivered to the petitioner and 27th of June 1968, when the present petition was filed.

Dismissed as barred by time.

Petition dismissed.

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