NAKULESWAR SIKDAR vs BARUN CHANDRA CHAKRAVORTY AND Another — 1971 SCMR 54

Citation: 1971 SCMR 54

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-29

Parties: NAKULESWAR SIKDAR vs BARUN CHANDRA CHAKRAVORTY AND Another

Headnotes

Case cited as 1971 SCMR 54

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: NAKULESWAR SIKDAR vs BARUN CHANDRA CHAKRAVORTY AND Another Case No.: Civil Petition for Special Leave to Appeal No. 117-D of 1969 Date of Judgment:1971-05-29 Reported As: 1971 SCMR 54 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, J.-This petition is barred by 20 days and the only explanation given for the delay is that the petitioner was under the erroneous impression that the time for filing of petitions for special leave in this Court in civil matters com--menced from the date of the signing of the decree. This impres--sion is wrong, for, a copy of the decree is not required to be filed h along with the petition for special leave to appeal. In the present case, the judgment of the High Court was delivered on the 3rd July 1969, copies were applied for on the 13th August 1969, decree was signed on the 15th of October 1969 and certified copies of the judgment and decree were delivered on the 30th of October 1969. The petition for special leave was, however, filed on the 9th of December 1969. There is no expla--nation for the delay that took place after the certified copy of the decree was received. The petition should have been filed on the 16th of Novem--ber 1969. This gave the petitioner ample time even after the receipt of the certified copies to put in his petition for special leave. The time for filing the petition for special leave begins to run from the date of…

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