MOHAMMAD AZEEM KHAN vs MUNICIPAL COMMITTEE, MARDAN — 1971 SCMR 346

Citation: 1971 SCMR 346

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-15

Parties: MOHAMMAD AZEEM KHAN vs MUNICIPAL COMMITTEE, MARDAN

Headnotes

Case cited as 1971 SCMR 346

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: MOHAMMAD AZEEM KHAN vs MUNICIPAL COMMITTEE, MARDAN Case No.: Civil Petition for Special Leave to Appeal No. 65-P of 1970 Date of Judgment:1971-04-15 Reported As: 1971 SCMR 346 Result: Leave refused JUDGMENT JUDGMENT HAMQODUR RAHMAN, C. J.-This civil petition, which seeks to challenge the judgment of a learned Single Judge of the erstwhile High Court of West Pakistan Peshawar Bench, in a civil revision which was dismissed on the 24th of November 1969, is barred by time by 164 days. The petition for special leave to appeal was filed on the 6th of July 1970. Condonation of the delay is, however, sought by a petition filed on behalf of the petitioner on the ground that the petitioner was diligently pursuing an application for a certificate of fitness for an appeal under the Letters Patent. The date of the filing of this application has not been mentioned in the condonation petition nor is the learned counsel in a position to furnish the same, although the order refusing the certificate on the 30th of March 1970, purports to have been made in a civil miscellaneous proceeding numbered as No. 12 of 1970. If this be so, then the application for the certificate was filed out of time. Learned counsel has attempted to make out a case that since the petition for special leave filed on the 6th of July 1970, is within 60 days of the date when the certified copy of the order refusing the certificate…

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