MUHAMMAD ABDULLAH vs MUHAMMAD AKBAR AND Another — 1971 SCMR 234

Citation: 1971 SCMR 234

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-10

Parties: MUHAMMAD ABDULLAH vs MUHAMMAD AKBAR AND Another

Headnotes

Case cited as 1971 SCMR 234

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUHAMMAD ABDULLAH vs MUHAMMAD AKBAR AND Another Case No.: Civil Review Petition No. 26 of 1969 Date of Judgment:1971-02-10 Reported As: 1971 SCMR 234 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-C. P. S. L. A. No. 273 of 1969 was barred by 115 days and no application for condonation of delay was filed. At the hearing of the petition it was stated that on the dismissal of R. F. A. By a Division Bench, the petitioner had filed an application in the High Court for grant of a certificate under sections 109 and 110, C. P. C. Which was dismissed on the 2nd .July 1969. -The petition for leave to appeal was, however, filed after, the lapse of another 29 days on the 31st July 1969. Excluding the time spent in pursuing the application for grant of certificate; the period of 60 days for filing petition for special leave to appeal provided in Order XIII, rule 1, having already expired, there was no explanation for the delay of 29 days. The petition was, accordingly, dismissed as barred by time. Maulvi Ehsanul Huq appearing in support of the petition for review vehemently urged that the time spent in pursuing the application for grant of a certificate in the High Court was to be excluded by which he meant that the period was to be added to 60 days and in that case the petition for leave to appeal was filed. There is no warrant for this view. The time started to run on…

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