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Civil Appeal No. 2 of 1973, decided on 15th of September, 1981.
(On appeal from the judgment dated 9‑11‑1970 of the Lahore High Court, Lahore, in Execution First Appeal No. 79 of 1969).
Constitution of Pakistan (1972)‑
----Art. 186(3)‑Leave to appeal‑Leave to appeal and condonation of delay secured on an incorrect statement‑Order granting leave recalled.
Iqbal Khalid, Advocate Supreme Court with Masood Akhtar, Advocate‑on Record for Appellant.
Mian Nusratullah, Senior Advocate Supreme Court with Sh. Ijaz Ali, Advocate‑on‑Record for Respondents.
Date of hearing : 15th September, 1981.
‑This appeal, by special leave, is directed against the judgment of a learned Single Judge of the Lahore High Court dated 9‑11‑1970, passed in Execution First Appeal No. 79 of 1969.
2. The petition for leave to appeal was barred by 206 days. The delay was condoned subject to all just exceptions, mainly on the ground that the judgment in this case, which was reserved at the conclusion of the hearing, was announced without any list having been issued for its announcement.
3. This plea, we have discovered, is not in conformity with the actual facts. We sent for the original register of the learned Judge, who heard and announced the judgment in the said register, a copy of the list is duly pasted. It is quite complete. It gives the number of the case, the names of the parties the names of the counsel for the parties and the name of the Judge before whom the matter was fixed, who, in this case, was the author of the judgment. The pertinent extract of the cause list is reproduced below: -
"Daily Single Bench Cause List for 9‑11‑1970.
Mr. Justice Muhammad Akram.
For announcement of judgment.
(1) ... ... ... ... ... ...
(2) ... ... ... ... ... ...
(3) E. F. A. 79‑62 Pakistan General Insurance Co. Ltd. v. Punjab Province.
(Ch. Fazal Din, Ch. Mehraj Din).
(4) ... ... ... ... ... ... ..."
4. It is, therefore, manifest that an incorrect statement was mad when the leave petition was heard and leave was obtained and the delay condoned on account of the aforesaid inaccurate statement. The order granting leave to appeal is, therefore, liable to be recalled on this shorn ground.
5. We would, accordingly, recall the order granting leave. The result will be that the appeal will stand dismissed with costs throughout.
Appeal dismissed.
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