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FAZAL ELAHI versus CAPITAL DEVELOPMENT AUTHORITY


Article 185 (3) read with the Limitation Act (IX of 1908), the elimination of section 5 delays was not sufficient for the condo nation to approve the extension of advance grounds; treatment has been followed in the High Court with good faith. Submission deleted

1982 S C M R 469(1)

Present : Aslam Riaz Hussain, Karam Elahee Chauhan and Muhammad Afzal Zullah. JJ

FAZAL ELAHI AND OTHERS‑Petitioners

Versus

CAPITAL DEVELOPMENT AUTHORITY AND OTHERS Respondents

Civil Petition for Special Leave to Appeal No. 764 of 1975, decided on 2nd February, 1981.

(On appeal from the judgment and order of the Lahore High Court, dated 23‑6‑1975).

Constitution of Pakistan (1973)‑

‑‑ Art. 185(3) read with Limitation Act (IX of 1908), S. 5‑‑Limitation‑ Condonation of delay‑Grounds advanced for condo nation not found sufficient to grant extension of time‑Remedy pursued in High Court not in good faith‑‑Petition dismissed.

Raja Muhammad Yunus, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 2nd February, 1981.

ORDER

KARAM ELAHEE CHAUHAN, J.‑

This petition is barred by 17 days. The pet itioners had filed an application for condo nation of delay on the ground that they had been pursuing remedy in the High Court for grant of a certificate of for appeal to this Court, in a bona fide manner, therefore, the time consumed fitness therein should be allowed and the period of limitation may be extended. We have heard the learned counsel and have also gone through the condo nation application. In our opinion the grounds advanced is not sufficient by itself to grant extension of limitation, inasmuch as it has not been shown that the remedy aforesaid was pursued in good faith or bona fide manner.

2. The result is that this petition is dismissed as‑time‑barred.

Petition dismissed.

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