MUHAMMAD SHARIF vs SETTLEMENT COMMISSIONER (ADMINISTRATION), PUNJAB AND OTHERS
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal which is barred by 106 days. The core legal question concerns whether sufficient cause has been shown for the condonation of the substantial delay in filing the petition. The petitioner sought to exclude the time consumed in obtaining a copy of a previous judgment from the High Court. The Court held that since it was neither obligatory nor necessary to file a copy of the said High Court judgment for the entertainment of the petition for leave to appeal, the time spent in obtaining it could not be excluded for the purpose of limitation. Consequently, the Court ruled that no sufficient cause for condonation of delay had been established. The key principle laid down is that time spent obtaining unnecessary documents cannot be excluded to condone a delay in filing a petition.
- Whether time taken to obtain an unnecessary copy of a High Court judgment can be excluded for condonation of delay?
- What constitutes sufficient cause for condonation of delay in filing a petition for leave to appeal?
ORDER
1. ' NASIM HASAN SHAH, J.-This petition is barred by 106 days. In condonation of delay, the learned counsel for the petitioner has submitted that the Service Tribunal had reserved the judgment after conclusion of the hearing Which was announced in the absence of the parties on 21-7-1976 and a copy of this Judgment was sent by a letter dated 9-9-1976 to the petitioner but received on 14-9- 1976. The petition for leave to appeal was a field in this Court on 28-2-1977, Ions after the expiry. Of 60 days,. The time limited for filing such petitions after receipt of the copy of the judgment. In this connection, it is submitted that the petitioner had earlier filed a writ petition in the High Court which was disposed of on 28-7-1974. Some time was consumed in obtaining the copy of this judgment.
2. However, the learned counsel frankly admitted that it was neither obligatory not necessary to file copy of this judgment and the petition for leave to appeal could be entertained by this Court without copy of the said judgment. In these A circumstances, time taken for obtaining this copy of the High Court's judgment cannot be excluded.
3. ' As no sufficient cause for condonation of delay has been made out, this petition must fail and is dismissed hereby. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.