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Petitioner: BAKHOO VS Respondent: Mst. KHADIJA And Another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: BAKHOO vs Mst. KHADIJA And Another Case No.:Civil Petition for Special Leave to Appeal No. 851 of 1979 Regular Second
Appeal No. 203 of 1978 Date of Judgment:1986-03-16 Reported As: 1986 SCMR 1359 Result: Leave refused Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 8-1-1979 of the Lahore High Court; whereby a Regular Second Appeal filed by the petitioner, was dismissed as time-barred. 2. It is not denied that the appeal was barred by 127 days but the learned counsel has contended that the application for condonation of delay under section 5 of the Limitation Act should have been allowed. 3. The learned Judge in the High Court took note of ground of the illness taken in the application for condonation of delay and came to the conclusion that there was no reliable material to hold that the petitioner was so incapacitated as to be unable to file an appeal. Accordingly, the delay was not condoned and application under section 5 of the Limitation Act, was dismissed. 4.The order passed by the High Court in its discretion when rejecting the application under section 5 of the Limitation Act is supported by sound reasons and is thus unexceptionable. Leave to appeal, therefore, is refused.