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Civil Petition for Special Leave to Appeal No. 161‑R of 1975, decided on 7th January 1976.
(On appeal from the judgment and order of the Lahore High Court made on 2nd June 1975 in W. P. No. 376‑R of 1971).
Limitation Act (IX of 1908)---
----S. 5---‑Condonation of delay.‑‑Narration of facts heating on petitioner s illness indicating petitioner not being unable to give instruc tions for filing petition in time‑‑‑ Each day's delay also not explained Petition for condonation of delay dismissed.
Advocate-on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 7th January 1976
‑‑This petition is barred by 82 days.
In the application for condonation of delay, it is stated that in the first instance there was sonic confusion as to the date on which the High Court judgment was delivered, namely, whether it was 2‑5‑75 or 2‑6‑75. Even when it became clear that the judgment of the High Court was dated the 2nd of June 1975, the petitioner was unable to engage an Advocate‑on-Record for the purpose of filing this petition, as in the meantime he had fallen ill with a heart ailment. He instructed his son to do the needful, but was informed that the matter had already become time‑barred. The petitioner accordingly gave up the matter, but in the third week of September 1975, he found that the matter was not barred by time as the judgment of the High Court was dated 2‑6‑75 and not 2‑5‑75. It is submitted that the delay was thus caused by the confusion as to the date of the judgment and the indisposition of the petitioner. In support of this last ground a medical certificate has also been appended with the application showing that the petitioner received medial treatment from 5‑7‑75 to 20‑9‑75. The petition was flied on the 29th of September 1975.
We regret we are not satisfied with the explanation given by the petitioner. Each day of the delay beyond the prescribed period has to be explained, but this has not been done. From the narration of facts bearing on the petitioner's illness, it becomes clear that he was not unable to give instructions for the filing of the present petition in time. We would accordingly dismiss this petition as barred by time.
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