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Civil Appeal No. 3‑Q of 1983, decided on 6th May, 1986.
(On appeal from the judgment and order of the Baluchistan High Court, Quetta, dated 2‑11‑1981, in Revision Appeal No. 5 of 1981).
‑‑‑S. 5‑‑Limitation‑‑Condonation of delay‑‑Appeal time‑barred‑‑Oral submission made for condonation of delay, held, would not make availed justification‑‑Appeal dismissed as time‑barred.
‑‑‑Art. 185‑‑Appeal before Supreme Court‑‑Constitutional petition dismissed by High Court‑‑Review petition against that order also dismissed for reasons with which no exception in law could be taken‑ Appeal before Supreme Court being devoid of merits, dismissed.
S.A. Quadri, Advocate‑on‑Record for Appellant.
Iftikhar Muhammad, Advocate‑on‑Record for Respondents Nos.5 to 8.
Date of hearing: 6th May, 1986.
This appeal by leave is directed against the two judgments of the Baluchistan High Court, dated ltt‑6‑1981 and 2‑11‑1981, by the former judgment, a constitution petition filed by the petitioner was dismissed, and by the latter, review petition filed by him also met with the same fate.
Learned counsel for the respondents raised the preliminary objection that although the appeal is within time so as the judgment, dated 2‑11‑1981 is concerned, it is totally time‑barred against the judgment, dated 10‑6‑1981. This position is conceded by the learned counsel for the appellant who, however, prays that the delay may be condoned. The oral submissions made by him for the condonation of the delay do not make out valid justification for the condonation, we therefore, treat this appeal as time‑barred against the impugned order of the High Court, dated 10‑6‑1981 by which constitution petition was dismissed.
So far as impugned order of the High Court, dated 2‑11‑1981 is concerned, we find that the High Court has dismissed the review application filed by the petitioner for the reasons with which no exception in law can be taken. The appeal, therefore, has no merit and is accordingly dismissed. The parties are left to bear their own costs.
M . I . Appeal dismissed.
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