SULTAN ALI and others vs Mst. DILDAR BEGUM and another
This matter originated as a petition for leave to appeal before the Supreme Court of Pakistan, wherein the petitioners sought an enhancement of compensation awarded for improvements made on land that was the subject-matter of a pre-emption suit. The petitioners had previously challenged the compensation amount fixed by the trial court based on a Local Commissioner's report, but their appeal was dismissed by the District Judge, and a subsequent second appeal was dismissed by the High Court. Before the Supreme Court, the petition was found to be barred by limitation by 60 days. The petitioners sought condonation of delay, citing the illness of one petitioner, Sultan Ali, and providing medical certificates indicating he was an outdoor patient. The Court observed that other co-petitioners, specifically Ghulam and Ghulam Shabbir, were available to pursue the legal remedy but failed to take action within the prescribed period. Consequently, the Supreme Court held that no sufficient grounds existed for the condonation of delay and dismissed the petition as time-barred, affirming that the negligence of co-litigants precludes the condonation of delay based on the illness of a single party.
- Can a delay in filing a petition be condoned based on the illness of one petitioner when other co-petitioners are available to pursue the litigation?
- Is a petition for leave to appeal maintainable when it is filed 60 days beyond the period of limitation without sufficient cause?
ORDER
' ABDUL SHAKURUL SALAM, J.---In this petition for leave to appeal, the petitioners seek enhancement of compensation for the improvements on the land in dispute subject-matter of a pre-emption suit.
2. The petitioners challenged the fixation on the basis of the report of the Local. Commissioner by the trial Court vide order dated 24-5-1986. Their appeal was dismissed by the District Judge, Vehari, vide judgment/decree dated 21-6-1988, and Second Appeal by a learned Single Judge of the High Court on 10-5-1989.
3. The petition is barred by 60 days. The ground given in the application for condonation of delay and urged by the learned counsel for the petitioners is that Sultan Ali, petitioner was ill and has been advised rest. He filed medical certificates to that effect. These show that he was an outdoor patient. Besides the aforesaid Sultan Ali, his brother Ghulam and another Ghulam Shabbir, who were the appellants before the High Court, were also there and they took no step to challenge the order in time.
4. After hearing the learned counsel for the petitioners, we find no good ground for condonaion of delay.
5. The Petition is, therefore, dismissed as barred by time. 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.