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Petition No. LHR-93 of 1979/Pb., decided on 15th June, 1982.

---S.25-A--Appeal before Tribunal dismissed in default--Re-admission sought on ground that counsel had misunderstood date--No application filed for condonation of delay nor diary of counsel produced to support contention--Held: No case for re-admission of appeal made out.

Petitioner in person.

Javed Altaf for Respondent.

Date of hearing: 6th June, 1982.

The appeal was dismissed in default on 8-10-1978. The application for its readmission was filed on 6-2-1979 without any application for condonation of delay. The ground for non-appearance given on the date fixed in the appeal is that the counsel for the petition misunderstood the date. In the petition it is mentioned that the date which was understood was 18-12-1978. Even if it be taken that the learned counsel for the petitioner in the appeal misunderstood the date as 18-12-1978 eve then the petition for readmission of the appeal is time-barred, by one month and 19 days, for which no explanation is given. Even no application for condonation of delay was filed. The original diary or its extract of the learned counsel was also not filed alongwith the application, nor produced afterwards in support of the fact that the date was misunderstood as 18-12-1978 and was entered in the diary. So, no case of re-admission of the appeal has been made out even on merits.

2. As a result of the observations made above, I dismiss the application for re-admission of the appeal as time-barred as well as on merits.

M. I.

Petition dismissed.

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