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JAHANA versus GHULAM ALI


S5 Delayed Appeal Appealed 105-Day Appeal Unable to Explain Seriously Long Delays nor Appeals for Special Leave to Exclude Appeal for No Demand for Delayed Comfort

1980 S C M R 875

Present: Karam Elahee Chauhan and Nasim Hasan Shah, JJ

JAHANA‑Petitioner

versus

GHULAM ALI AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 960 of 1974, decided on 4tu February, 1980.

(On appeal from the judgment and order of the Lahore High Court, dated 11‑7-1974, in R. S. A 110/64).

Limitation Act (IX of 19080)‑‑‑

---S-5‑ Condonation of delay‑‑Appeal barred by 105 days‑Appel lant unable to satisfactorily explain long‑ delay nor making out any sufficient cause for condonation of delay‑Petition for special leave to appeal dismissed.

Munir A. Sheikh, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.

Raja Said Akbar, Senior Advocate Supreme Court and Muhammad Aslam, Advocate‑on‑Record for Respondents

.

Date of hearing: 4th February 1980.

ORDER

KARAM ELAHEE CHAUHAN, J

‑This is a petition for special leave to appeal against a judgment and order of the High Court dated 11‑7‑1974. The appeal is barred by 105 days. Th.‑ petitioner has filed an application for condonation of delay. We have gone through the contents of that application and also heard the learned counsel in that respect. In our opinion the petitioner has been unable to satisfactorily explain the long delay of 105 days involved in this case, and nor has he made out any sufficient cause for condonation of delay. The petition is dismissed as time barred.

Petition dismissed.

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