Find a Lawyer

(On appeal from the judgment and order of the High Court of West Pakistan, Bahawalpur Circuit, dated the 25th April 1968, passed in Criminal Miscellaneous No. 295 of 1967).

----Art. 58(3) and Supreme Court Rules, 1956, O, XIII, r. 1‑Petition barred by time-Ground for condonation that lawyer, had given wrong advice as to period of limitation‑Neither name of lawyer disclosed nor any affidavit from lawyer filed Held, wrong advice of lawyer in each and every case not sufficient cause for condonation of delay‑Leave refused.

M. S. Baqir Advocate Supreme Court instructed by Abdur Razaq, Attorney for Petitioner.

Nemo for the State.

Date of hearing : 10th October 1968.

‑This is a petition for special leave to appeal from an order of a learned Single Judge of the High Court of West Pakistan dismissing a petition under section 526 of the Criminal Procedure Code for the transference of a case pending in the Court of the Additional District Magistrate, Bahawalpur.

This petition is barred by some 21 days and the only explanation for this delay is that his lawyer at Bahawalpur had advised him that the limitation for application for leave to appeal to this Court in Criminal matters was 60 days and not 30 days.

It is no doubt true that wrong advice by counsel of some eminence has some time been treated as sufficient for holding that the applicant was misled as to the law of limitation but no Court has so far held that wrong advice of any and every lawyer is so sufficient. We are, therefore, not satisfied that there are sufficient grounds for condoning the delay in the present case, particularly since the name of the learned lawyer at Bahawalpur has not been disclosed nor has any affidavit been put in from the lawyer himself to say that he gave such a wrong advice.

In the circumstances this petition is dismissed as being barred by time.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.