Find a Lawyer

Criminal Petition No. 169 of 1976, decided on 29th October, 1980.

(On appeal from the judgment dated 21‑7‑1976 of the Service Tribunal Camp Lahore in Appeal No. 36 (L)/76).

‑‑ Art. 212 (3)‑Limitation Act (IX of 1908), Art. 12(3)‑Limita tion‑Filing copy of judgment of Service Tribunal with petition for leave to appeal neither obligatory nor necessary‑Time taken in obtaining copy of such judgment, held, cannot be excluded.

Mian Zafar Yasin, Advocate Supreme Court and Masud Akhtar, Advo cate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 29th October, 1980.

.‑This petition is barred by 106 days. In condonation of delay, the learned counsel for the petitioner has submitted that the Service Tribunal had reserved the judgment after conclusion of the hearing which was announced in the absence of the parties on 21‑7‑1976 and a. coy of this Judgment was sent by a letter dated 9m9‑1976 to the petitioner but received on 14‑9‑1976. The petition for leave to appeal was Allowed is this Court on 28‑2‑1977, long after the expiry of 60 days; the time limited for filing such petitions after receipt of the copy of the judgment. In this connection, it is submitted that the petitioner had earlier filed a writ petition in the High Court which was disposed of on 28‑7'‑1974. Some time was consumed in obtaining the copy of this judgment. However, the learned counsel frankly admitted that it was neither obligatory not necessary to file copy of this judgment and the petition for leave to appeal could be entertained by this Court without copy of the said judgment. In these circumstances, time taken for obtaining this copy of the High Court's judgment cannot be excluded.

As no sufficient cause for condonation of delay has been made out, this petition must fail and is dismissed hereby.

M. Z. M. Leave refused.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.