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Review Application No.31 of 1986, decided on 28th June, 1987.
---O.XLVII, Rr.1 & 2--Limitation Act (IX of 1908), Art. 162--Review- Application , for review of order passed in writ petition filed with a delay of 17 days and no application filed for condoning delay--Period of limitation for filing review application 20 days but application for supply of copy of judgment not filed for more than twenty days after decision--Application, held, was hopelessly barred by time and dismissed.
Syed Sajjad Raza Jafari for Petitioners.
Ch.Muhammad Nazir, Sh.Muhammad Ismail, Sh.Abdul Aziz, Ch. Muhammad Abdullah and Mian Nusratullah for Respondents.
Date of hearing: 28th June, 1987.
Through this application dated 26-3-1986 Mst. Rashida Begum and Hameeda Begum applicants seek review of the judgment of this Court dated 17-2-1986 passed in W.P. No.1208-R of 1978.
2. Learned counsel for the respondents has raised preliminary objection to the effect that the review application being barred by time merits rejection. Learned counsel for the applicants explains that the applicants had been making inquiry from the Reader of this Court as to whether the judgment had been written or not and that they were under the impression that they will apply for the supply of copy of the judgment 'after the same has been written and as such, it cannot be said that there was no due diligence and care on the part.
3. I have considered the submissions made by the learned counsel for the parties with care. I find that the judgment was announced on 17-2-1986 in the presence of the learned counsel for the parties. Review application was filed on 26-3-1986 i.e. after 37 days of the judgment. The limitation for filing of review application against the order passed by the High Court in its original jurisdiction is 20 days under Article 162 of the Limitation Act. The delay in filing the review application was although pulpable enough to attract the attention yet the applicants have not filed any application for condonation of delay. The learned counsel has frankly admitted that even the application for the supply of the copy of the judgment of this Court was not filed for more than 20 days after the date of decision. In these circumstances, I feel that the review application is hopelessly barred by time. So the same is hereby dismissed.
M.Y.H./R-48/L Review declined.
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