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Civil Petition for Special Leave to Appeal No. 199 of 1967, decided on 6th October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 27th February 1967, in Civil Miscellaneous No. 2354 of 1966 read with the order dated the 15th March 1966, in Regular Second Appeal No. 285 of 1956).

Supreme Court Rules, 1956, O. XIII, r. 1‑Limitation‑Delay of each day to be explained.

Malik Gul Nawaz Ahmad Khan, Advocate Supreme Court instructed by Ghulam Mohyuddin, Attorney for Petitioners.

Nemo for Respondent.

Date of hearing : 6th October 1967.

This petition is barred by time by 367 days.

In the petition for condonation of the delay it is stated that major portion of this time was spent by the petitioners in prosecuting their application in the High Court for a certificate for leave to appeal under clause 10 of the Letters Patent. The said application was disposed of by a learned Single Judge on 27‑2‑67. After about two months, i.e., on 15‑4‑67 the petitioners applied for a certified copy of the order of the High Court and though the certified copy was ready on 29‑4‑67 they took delivery of the same on 5‑5‑67 and thereafter filed this petition for special leave to appeal on 20‑5‑67. They have however, not explained why they applied for certified copy after such a long time, why they did not take delivery of the copy in time and why even after receipt of the copy they took about two weeks to present this petition. It was the duty of the petitioners explain the delay of each day after their application for certificate was dismissed by the High Court. This, they have not done. On the other hand, from the dates mentioned above it is clear that they did not proceed with the matter diligently.

This petition is accordingly dismissed as time‑barred.

Petition dismissed.

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