Hakeem ABDUR REHMAN vs NOOR MUHAMMAD AND Another — 1970 SCMR 582

Citation: 1970 SCMR 582

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Hakeem ABDUR REHMAN vs NOOR MUHAMMAD AND Another

Headnotes

Case cited as 1970 SCMR 582

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: Hakeem ABDUR REHMAN vs NOOR MUHAMMAD AND Another Case No.:Civil Petition for Special Leave to Appeal No. 23 of 1970 Letters Patent JUDGMENT Reported As: 1970 SCMR 582 Result: Petition rejected Judgment JUDGMENT SAJJAD AHMAD, J.-This petition for special leave, which is directed against the decision of a Division Bench of the High Court of West Pakistan, Lahore, made in a Letters Patent Appeal which arose out of a Settlement writ filed by the petitioner in the High Court, is barred by 182 days. The judgment of the Letters Patent Bench was announced on the 19th of May 1969, and the present petition was filed on the 31st of July 1969. The ground as stated in the petition for the condonation of delay and which has been urged before us by the learned counsel for the petitioner, is that the petitioner who is an old man of 80 years, after engaging the attorney for the filing of the petition, had gone back to his home to arrange for funds for purchase of the requisite court-fee and other expenditure, but fell ill with an attack of asthma. He could not, therefore, raise the entire amount in a lump sum needed for the prosecution of his petition, but went on sending the amount piecemeal to his attorney as and when he found it. He was not able to raise the whole amount even up to the time of the filing of the petition and the deficiency of Rs. 60 was made good by the attorney from his own pocket.…

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