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KHAN MUHAMMAD versus FEDERAL LAND COMMISSION


Grounds were emphasized in relation to delay in delay: applicant illiteracy, living in remote village, being badly affected by flood, lawyer asked the applicant to get copies of other documents. Yes, no such reason can be seen. The law for condolences on delay

1981: S C M R 705

Present : Nasim Hasan Shah and Mushtaq Hussain, JJ

Haji KHAN MUHAMMAD AND OTHERS-Petitioners

Versus

FEDERAL LAND COMMISSION, AND OTHERS-Respondents

Civil Petition for Special Leave to Appeal No. 1014 of 1975, heard on 21st February, 1981.

(On petition against the order of the Lahore High Court dated 15-4-1975).

Limitation Act (IX of 1908)-

-- S. 5--Condonation of delay-Grounds urged for condonation of delay: illiteracy of petitioner, his living in a distant village, being adversely affected by floods, counsel having asked petitioner to obtain copies of other documents---None of such grounds, held, sustainable in eye of law for condonation of delay.

S. M. Zamir Zaidi, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record-for Petitioner.

Ali Imam Naqvi, Advocate-on-Record for Respondent No. l

Date of hearing : 21st February, 1981.

ORDER

MUSHTAQ HUSSAIN, J

.--This petition has been filed 166 days after the expiry of the period of limitation. One of the grounds urged for condonation of the delay is that the petitioner is an illiterate person living in a village of Dera Ghazi Khan and was adversely affected by the floods where for he could not present himself in time to take the copy from the High Court,2. The other reason advanced is that he contacted his counsel on 4-10-1975 and he was then asked to obtain copies of other documents so that the petition became barred by time. Neither of these rounds is sustainable in the eye of law. This petition is, therefore, dismissed.

Petition dismissed

.

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