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Petitioner: MUHAMMAD AQEEL AHMAD SIDDIQI VS Respondent: GOVERNMENT OF PAKISTAN And Other
Court Name: Supreme Court of Pakistan Judge(s): M. S. H. Qureshi, Karam Elahi Chauhan Title: MUHAMMAD AQEEL AHMAD SIDDIQI vs GOVERNMENT OF PAKISTAN And Other Case No.: Civil Petition for Special Leave to Appeal No. 621 of 1977 Date of Judgment:1981-08-31 Reported As: 1982 SCMR 386 Result: Petition dismissed
Judgment ORDER KARAM ELAHEE CHAUHAN, J.-This is a petition for special leave to appeal against an order dated 23-6-1977, whereby an Intra Court Appeal/LPA was dismissed by the Nigh Court, maintaining the order of the learned Single Judge of that Court dated 12-11-1976, whereby a constitutional petition being W. P. No. 673/66 was dismissed. 2. The appeal is barred by 38 days against the order of the learned Division Bench and 261 days against the order of the learned Single Judge dismissing the writ petition. There is an application for condonation of delay. We have heard the learned counsel and also gone through the aforesaid application which in our opinion makes out no case for condonation of delay. A plea has been taken that the petitioner remained confined to bed for some time due to an accident and a medical certificate has been attached in support of this averment. The said certificate, in our opinion, cannot come to the rescue of the petitioner, because, evidence is available on the record in the form of obtaining certified copies of various documents etc, that despite the aforesaid illness the petitioner was attending to the case, and there is no explanation as to why only institution of this petition was delayed for all the period involved in this case, and particularly the delay- even after obtaining the relevant certified copies, still remained unexplained. In short the application filed does not, as the law requires, cover or explaineach day of limitation. 3. The result is that the application for condonation of delay is rejected and the petition is dismissed as time-barred.