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ANSAR BURNEY versus FEDERATION 6F PAKISTAN


Article 203F Supreme Court Rules, 1980, AXXIII, Para 2 Timebird Appeal for appeal not appearing on the due date was already postponed, it was decided last week that no arrangements were made by the appellant. Neither delayed explanation nor explanation for the delay. The telegram sent by the appellant in filing the appeal does not show any reason for waiving the delay nor was the delay requested.

1984 S C M R 200

[Shariat Bench]

Present : Justice Muhammad Afzal Zullah, Chairman, Justices Shafiur Rahman, M. S. H. Quraishi, Pir Muhammad Karam Shah and Muhammad Taqi Usmani, Members

ANSAR BURNEY‑Petitioner

Versus

FEDERATION OF PAKISTAN AND OTHERS‑Respondents

Shariat Appeal No. K‑1 of 1983, decided on 2nd November, 1983.

Constitution of Pakistan (1973)‑

‑‑‑ Art. 203‑F‑Supreme Court Rules, 1980, O. XXIII, para. 2‑Time barred appeal‑Appellant not appearing on date fixed‑Appeal already adjourned one, having been fixed during last week‑No arrangements made by appellant not even with regard to explanation for condoning delay beyond period of limitation in filing appeal‑‑Telegram sent by appellant not disclosing sufficient cause for condoning delay nor applica tion made for condonation of delay‑Appeal dismissed as time‑barred in circumstances.

Nemo for Appellant.

ORDER

MUHAMMAD AFZAL ZULLAH, J--

The appellant lm not appeared. He has sent a telegram for adjournment. This is already an adjourned appeal as the same was fixed for hearing during the last week. No arrangement has been made by the appellant not even with regard to the explanation for condoning the delay beyond the period of limitation in filing this appeal. The telegram at page 56 of the Paper Book does not disclose sufficient cause for condoning the delay nor in fact any application has been made for condonation. This appeal is, accordingly, dismissed as time‑barred.

M. Z. M. Appeal dismissed.

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