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Civil Petition for Special Leave to Appeal No. 297 of 1967, decided on 13th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th December 1966, in Letters Patent Appeal No. 870 of 1966).
O. X111, r. 1‑Delay‑Circum stances, not beyond control of petitioner‑Delay riot condoned.
Wali Muhammad, Senior Attorney for Petitioner
Nemo for Respondent.
Date of hearing : 13th October 1967.
‑This petition seeking leave to appeal against refusal by the High Court to quash an order of a Settle ment Authority transferring an evacuee house to one Mst. Mumtazi Begum which the petitioner had claimed for himself, is barred by time by 178 days. Property rights are involved, which have become vested in Mst. Mumtazi Begum through the petitioner's failure to move this petition in time. The causes of his failure set out in his application for condonation of the delay are (a) that his counsel in the High Court informed him of the decision "very very late," and (b) that time was taken in obtaining legal advice and collecting money. No dates are mentioned.
Evidently, the delays were due to circumstances not beyond the petitioner's control. The petition is accordingly dismissed as barred by time.
Leave refused.
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