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Civil Petition No. 63 of 1980, decided on 19th February 1980.
(On appeal from the judgment dated 20‑10‑1979 ;of the Lahore High Court, Lahore in W. P. No. 1214‑R/78).
---Ss. 3 & 5‑Delay‑Illness stated to be "Amoelians (sic), Dysentery and Anaemia"‑Medical certificate on printed form and appearing to be designed in such a way as to cater to special needs of all those interested in obtaining such certificates‑Petitioner, held, not suffering from such a malady and bedridden as to be prevented from being in a position to visit a lawyer‑No sufficient cause to excuse delay Petition dismissed as barred by limitation.
Qamaruddin Meo, Advocate Supreme Court and Merajuddin Ch. Advocate on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing :19th February 1980.
.‑The office note shows that this petition is barred by 9 days. In excuse of the delay it is submitted that though an application for a copy of the judgment was applied for on the same date on which it was announced, namely, on 20‑10‑1979 and a copy thereof prepared and delivered on 6‑11‑1979, the petitioner could not take any further steps towards filing the petition for leave to appeal in this Court as he fell ill and recovered only on 4‑1‑1980. He contacted an Advocate on 5‑1‑1980 which was the last date for filing the leave petition, however, the petition could not be filed on that date as the certified copy of the writ petition had to be obtained, for which an application was moved on the same date viz. 5‑1‑1980 and the said copy delivered to the petitioner on 13‑1‑1980 where after the petition was filed without any further delay on 15‑1‑1980.
The illness which prevented the petitioner from moving about from 7‑11‑1979 to 4‑1‑1980 is stated to be "Amoelians (sic). Dysentery and Anaemia" and a medical certificate has also been attached in this behalf. This certificate is on a printed form wherein some blank spaces have been left out to indicate the disease, the days of illness etc. and is appear to be designed in such a way as to cater to the special needs of all those who are interested in obtaining such certificates.
Be that as it may, we are not satisfied that the petitioner was suffering from such a malady that he was so bed‑ridden as to be prevented from being in a position to visit a lawyer for almost two months as claimed.
We, therefore, do not think that sufficient cause exists for excusing the delay. This petition is, therefore, dismissed as barred by limitation.
Petition dismissed.
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