1973 SCMR 409

MUHAMMAD RAMZAN Versus KALIMULLAH

Citation1973 SCMR 409

CourtSupreme Court of Pakistan

ResultPetition dismissed

ORDER

1. ANWARUL HAQ, J.‑ This petition for special leave to appeal is barred by 377 days. The order under appeal was passed by a learned Single Judge of the Lahore High Court on 6‑7‑1971, and the present petition was filed on the 15th of September 1972.

2. In explanation of the delay, it is stated that an application for the copy of the judgment was made on the same day, i.e., the 6th of July 1971, and the copy was supplied on the 26th of January 1972. Thereafter, on the 1st of February 1972, an application was made to the learned Judge for the grant of a certificate of fitness for appeal under Clause 10 of the Letters Patent. The certificate was refused on the 5th of June 197 2. Thereafter, an application was made for obtaining a copy of the order of the High Court refusing the necessary certificate under Clause 10 of the Letters Patent. This copy was supplied to the petitioner on 7‑9‑72, and the petition was filed within 8 days therefrom.

3. While the time taken by the petitioner in obtaining a certified copy of the original order of the High Court dated the 6th of July 1971, and the time taken in the disposal of the petitioner's application for the grant of a certificate under Clause 10 of the Letters Patent, can be excluded, yet the time taken after the refusal of the certificate cannot be allowed to the petitioner. The petition being directed against the original order of the High Court dated the 6th of July 1971, it was incumbent upon the petitioner to institute the present petition immediately after the High Court had refused to grant a certificate under Clause 10 of the Letters Patent. Instead of doing so, the petitioner wasted time in obtaining a copy of the order of the B High Court dated the 5th of June 1972, an order which is not the subject‑matter of the present petition. This Court has con sistently taken the view that the time consumed after the refused of the certificate by the High Court cannot be allowed unless sufficient cause is shown for the same. In the present case, sufficient cause does not exist for the time taken by the petitioner from 5‑6‑72 to 15‑9‑72. We would accordingly dismiss this petition as being barred by time.

4. Petition dismissed.