Pakistan Case Law
1980 SCMR 875

JAHANA vs GHULAM ALI AND OTHERS

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Citation1980 SCMR 875
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 960 of 1974
Date1980-02-03
Judge(s)Karam Elahee Chauhan and Nasim Hasan Shah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This is a petition for special leave to appeal directed against the judgment and order of the High Court. The primary matter for consideration before the Supreme Court was an application for condonation of a delay of 105 days in filing the appeal. The core legal question addressed by the court was whether the petitioner had shown sufficient cause to satisfactorily explain the delay to warrant its condonation. The court held that the petitioner failed to satisfactorily explain the long delay or make out any sufficient cause for condoning the same. The key principle laid down is that in the absence of a satisfactory explanation and sufficient cause, a time-barred petition cannot be entertained and must be dismissed.

Questions settled in this judgment
  • Whether a delay of 105 days in filing a petition for special leave to appeal can be condoned without a satisfactory explanation?
  • What constitutes sufficient cause for the condonation of delay in judicial proceedings?
condonation of delaytime-barred petitionspecial leave to appeallimitationsufficient cause

ORDER

1. ' KARAM ELAHEE CHAUHAN, J.-This is a petition for special leave to appeal against a judgment and order of the High Court dated 11-7-1974. The appeal is barred by 105 days. The petitioner has filed an application for condonation of delay. We have gone through the contents of that application and also heard the learned counsel in that respect. In our opinion the petitioner has been unable to satisfactorily explain the long delay of 105 days involved in this case, and nor has he made out any sufficient cause for condonation of delay. The petition is dismissed as time barred.

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