Syed YOUSUF ZAMAN vs ROSHAN ALI AND 3 Other — 1970 SCMR 59

Citation: 1970 SCMR 59

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Syed YOUSUF ZAMAN vs ROSHAN ALI AND 3 Other

Headnotes

Case cited as 1970 SCMR 59

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: Syed YOUSUF ZAMAN vs ROSHAN ALI AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 267 of 1967 L. P. A. No. 856 of JUDGMENT Reported As: 1970 SCMR 59 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, J.-This petition for Special Leave to Appeal from an order of a Division Bench of the High Court of West Pakistan dismissing in limine a Letters Patent Appeal from an order of a learned Single Judge of the High Court in a writ petition under the Laws (Continuance in Force) Order, is according to the office note, barred by one day. Learned counsel appearing in support of this petition has filed no application for condonation of delay but seeks to contend that the petition is in time, because, in this case the copy of the order had been applied for on the same day that the judgment of the Court was delivered. In such an event, according to him, on a proper interpretation of subsection (2) of section 12 of the Limitation Act that day should be counted twice over, because, it is both the day on which the judgment complained of Was pronounced and the day from which time began to run for obtaining a copy of the order appealed from. In support of this contention he has also relied on a decision of the Nagpur High Court in the case of Balkrishna Rajaram Modi v. Baijnath Girdharilal Tiwari and others (AIR 1939 Nag. 150) wherein two of the three learned…

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