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Civil Petition for Special Leave to Appeal No. 1111 of 1.975, decided on 21st February, 1981.

(On appeal from the judgment of Lahore High Court, dated 4‑4‑1975 in W. P. No. 386‑R of 1974):

Constitution of Pakistan (1973)‑

‑‑ Art. 185 (3) read with Supreme Court Rules, 1956, O. XIII, r. l Petition for Special Leave to Appeal barred by time‑Condonation of delay‑Assertion of petitioner's ill‑health supported only by his oral word and appearing to be afterthought‑Sufficient cause for condo nation of delay not made out‑Petition dismissed as barred by time.

Shaikh Masud Akhtar, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 21st February, 1981.

‑This petition is time‑barred by 183 days. The reason advanced for condonation of the delay is that since the petitioner is an old man, suffering from ill‑health, he was not able to apply, in time, for grant of certified copy of the impugned judgment of the High Court. Moreover, he was not able to leave his village due to floods in the area, and was also detained for certain period in Jail custody in a case under sections 107, 151 Code of Criminal Procedure.

The relevant facts, however, are that it was as late as 14‑6‑1975, after the expiry of prescribed period of limitation of 60 days, that petitioner made application for grant of certified copy of the impugned judgment of the High Court dated 4‑4‑1.975. The incident of alleged floods and petitioner s jail custody pertain to period after the petition had already been rendered as barred by time. The assertion of petitioner's ill‑health has no other support beyond his oral word and it Day well be an afterthought.

In our opinion, sufficient cause for condonation of the delay has, not been

made out the petition is therefore dismissed as barred by time.

Petition dismissed.

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