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Petitioner: KHAIROO VS Respondent: MUHAMMAD YAQOOB
1988 S C M R 1910
1988 S C M R 1910
Present: Abdul Kadir Shaikh, S.A.Nusrat and Zaffar Hussain Mirza, JJ
KHAIROO and another‑‑Petitioners versus
MUHAMMAD YAQOOB and 7 others‑‑Respondents
Civil Petition for Leave to Appeal No.35‑Q of 1987, decided on 23rd May, 1988.
(From the judgment/order of Baluchistan High Court, Quetta dated 2‑5‑1987 in C.R. No.87 of 1986).
Limitation Act (IX of 1908)‑‑
‑‑‑S.5‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Limitation‑‑Time barred petition‑‑ Condonation of delay‑‑Justification for‑‑ Condonation of delay sought on ground that there was confusion in calculating time and counsel was under the impression that petition was within time‑‑Plea raised being without basis and valuable right having accrued to respondents by delay in filing petition, there was no valid justification for con donation‑‑Petition dismissed as time‑barred.
Iftikhar Muhammad, Advocate‑on‑Record for Petitioners.
Basharat Ullah, Advocate Supreme Court and S.A.M.Quadri, Advocate‑on‑Record for Respondents,
Date of hearing: 23rd Maya 1988
ORDER
ABDUL KADIR SHAIKH, J.‑‑This petition is time‑barred by 2 days and the ground urged in support of the request for condonation of the delay is "that there was confusion in calculating the time therefore counsel was under impression that the petition is within time".
The request for the condonation of the delay is vehemently opposed by the learned counsel for the caveators on the ground that there could not possibly be any basis for wrong calculation of time and in this connection he has pointed out the crucial dates of the judgment .of the High Court, the application for grant of copies, the date of preparation of the copies and the delivery thereof.
After having heard the learned counsel for the parties we entirely agree with the submission made by the learned counsel for the caveators that the plea raised in support of the request for condonation of the delay has no basis at all. Since a valuable right has accrued to the respondents by the delay in the filing of the petition for which there is no valid justification for condonation, we have no option but to dismiss the petition as barred by time.
Order accordingly.
M.I. /K‑69/S Petition dismissed.