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Civil Petition for Special Leave to Appeal No. 284 of 1967, decided on 12th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 9th December 1966, in Letters Patent Appeal No. 896 of 1966).
r. 1‑Delay in filing petition alleged due to illness of petitioner‑Illness not found such as to totally incapacitate him from giving even written instructions to his lawyer Condonation of delay refused.
Abdul Manan Sheikh, Advocate Supreme Court instructed by Tanvir Ahmad, Attorney for Petitioner.
Nemo for Respondent No. 1.
Ghulam Mujtaba, Attorney (absent) for Respondent No. 2.
Date of hearing : 12th October 1967.
‑This petition is barred by time by 167 days.
In the petition for condonation of the delay it is stated that as the petitioner had a serious attack of rheumatism of back with sciatica' he could not file this petition in time. From the certificate of the doctor it appears that he suffered from the said ailments from 25‑1‑67 at frequent intervals. His illness was not of such a nature so as to totally incapacitate him from taking necessary steps for filing petition for special leave. He could have easily given written instructions to his lawyer. The explanation for the delay is therefore not considered at all satisfactory.
This petition is accordingly dismissed as time‑barred.
Leave refused.
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