FATEH ALI KHAN vs Subedar MUHAMMAD KHAN — 1971 SCMR 354

Citation: 1971 SCMR 354

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-16

Parties: FATEH ALI KHAN vs Subedar MUHAMMAD KHAN

Headnotes

Case cited as 1971 SCMR 354

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: FATEH ALI KHAN vs Subedar MUHAMMAD KHAN Case No.: Civil Review Petition No. 6 of 1970 P. S. L. A. No. 320 of 1969 Date of Judgment:1971-03-16 Reported As: 1971 SCMR 354 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-This review petition is directed against the order of this Court in Civil Petition for Special Leave to Appeal No. 320 of 1969, dated the 8th March 1969. By this order the petition was dismissed as barred by time. The office note showed that the petition was barred by 186 days. The petitioner filed an application for condonation of delay. He was unable to give explanation for the delay in filing the petition for special leave to appeal as late as on the 25th September 1969. This Court held that according to its decision in the case of Kalachand Sikdar and others v. Fazlul Karim Mian and others (16 D L 4 417) the petitioner was only entitled to condo--nation of delay for such time as he has taken in exhausting his remedies in the High Court. It was, therefore, held that he was entitled to condonation of delay up to the 26th July 1969, when he obtained the copy of the order rejecting his application to grant certificate under Clause 10 of the Letters Patent. In this connection it will be noticed that the judgment of the High Court was delivered on the 22nd January 1969. The peti--tioner applied for…

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