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Civil Petition for Leave to Appeal No. 65‑R of 1983, decided on 19th March, 1984.
(On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, dated 8‑10‑1983 in L. P. A. No. 1088/66 in W. P. No. 847/R/1966).
‑‑ Art. 185 (3)‑Limitation Act (IX of 1908), S. 5‑Letters Patent Appeal‑Condo nation of delay ‑ Illness of petitioner or delay in arranging funds, being grounds for condo nation of delay, held, were such that refusal to condone delay in exercise of discretion, could not be considered as against any accepted principle‑High Court also considering question as to whether petitioner was so ill at all as to incapacitate him, held further, also unexceptionable‑No justification having been made for interference, petition for leave to appeal dismissed.
Maulvi Sirajul Haq, Advocate Supreme Court and M. Afzal Siddiqi, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 19th March 1984.
This petition for leave to appeal is direct ed against order dated 1‑10‑1983 of the Lahore High Court whereby a Letters Patent Appeal was dismissed as barred by time.
We have examined the ground for condo nation of delay urged before the High Court. None of them including the alleged illness of the petitioner or delay in arranging funds is such that refusal to condone delay in exercise of discretion, could be considered as against any unaccepted principle. The consideration by the High Court of the question whether the petitioner was so ill at all as to incapacitate him is also unexceptionable. No justification has been made out for interference. This petition is accordingly dismissed.
M. Z. M. Petition dismissed.
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