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Civil Petition for Special Leave to Appeal No. 248 of 1975, decided on 25th October 1980.
(On appeal against the judgment of the Lahore High Court dated 11‑11‑1974 passed in L. P. A. No. 654/l966).
Constitution of Pakistan (1973)‑
Art. 185(3)‑Leave to appeal‑Limitation‑Contention that neither counsel nor party having known of case having been disposed of without hearing, period of limitation starts from date of knowledge Judgment of High Court clearly stating notice having been sent to petitioner's counsel on a specified date by registered post acknowledge ment due notice presumed to have been duly received by addressee‑ No affidavit filed by counsel in support of assertion of service having not been effected on him‑Petition, held, time‑barred.‑[Limitation
Raja Muhammad Anwar, Advocate Supreme Court instructed by Abdul Karim, Advocate‑on‑Record for Petitioners.
Nemo for Respondents
Date of hearing: 25th October 1980.
‑L. P. A. 654 of 1966 which was transferred to Bahawalpur Circuit was dismissed by the Division Bench of the Lahore High Court at Bahawalpur on 11‑I1‑1974 on merits Neither the party was present nor did their counsel appear on that date. This petition seeks to challenge the order of the High Court.
2. The petition is barred by 64 days and it has been submitted before us that since neither the counsel nor the party knew that the case had been disposed of without hearing, the period of limitation for appeal should start from the date of the knowledge.
3. We are afraid we do not see eye to eye with the submission of the learned counsel, for the judgment of the High Court very clearly states that notice was sent to learned counsel for the petitioners on 22nd of October, 1974 by registered post acknowledgment due. There is a presumption under the General Clauses Act that if this has been done the notice would be deemed to have been duly received by the addressee. The learned counsel has no even filed an affidavit on his own in support of the assertion that he was not served.
4. This petition is, therefore, dismissed.
Petition dismissed.
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