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SHAMSUL ISLAM versus ARJAMAND


Article 199 Right Petition has identified a lengthy delay in the applicant's letter of letter which, therefore, cannot be excluded from such writ petition.

1982 S C M R 545

Present : Muhammad Afzal Zullah and M. Burhanuddin Khan, JJ

SHAMSUL ISLAM AND ANOTHER‑Petitioners

Versus

Sh. ARJAMAND AND ANOTHER‑Respondents

Civil Petition for Special Leave to Appeal No. 211‑R of 1981, decided on 3rd March, 1982.

(On appeal from the judgment and order dated 20‑9‑1981 of the Lahore High Court, Rawalpindi Bench, in W. P. No. 190 of 1981),

Constitution of Pakistan (1973)‑

---Art. 199‑Writ petition‑Laches‑Long delay on part of petitioner amounting to laches not sufficiently explained‑Dismissal of writ petition on such ground, held, unexceptionable.‑[Laches].

Samad Mahmood, Advocate Supreme Court instructed by Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 3rd March, 1982.

ORDER

MUHAMMAD AFZAL ZULLAH, J.

‑Leave to appeal has been sought from the judgment dated 20‑9‑1981 of the Lahore High Court whereby a constitu tional petition arising out of a case under Displaced Persons (Compensation and Rehabilitation) Act, 1958, was dismissed on grounds of ]aches.

After hearing the learned counsel, we are satisfied that the long delay on the part of the petitioner which amounted to laches, has not been suffi ciently explained. Dismissal of the writ petition on this ground was unexcep tionable. No justification has been made out for interference by this Court. This petition is accordingly dismissed.

Petition dismissed.

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