SYED JILANI vs THE ADDITIONAL SETTLEMENT COMMISSIONER AND ANOTHER
This petition for leave to appeal was filed before the Supreme Court of Pakistan, but it was submitted beyond the prescribed period of limitation. The petitioner sought condonation of delay, citing that he was outside Karachi and that his son had delayed delivering the Power of Attorney to his counsel. Additionally, the petitioner claimed that the Registry of the Court at Karachi was closed on the Friday when the document was finally available. The Court rejected these explanations, noting that the reasoning provided was incoherent and did not justify the delay. Furthermore, the Court clarified that the Registry of the Court at Karachi does not close on Fridays, contradicting the petitioner's assertion. Given that valuable proprietary rights had already vested in the respondent, the Court held that it was not a fit case to exercise its discretion to condone the delay. Consequently, the petition was dismissed as time-barred, emphasizing that procedural delays without sufficient cause cannot be excused when they prejudice established rights.
- Does a claim that a court registry was closed on a Friday constitute a valid ground for condonation of delay if the claim is factually incorrect?
- Can a petition for leave to appeal be entertained if it is filed beyond the period of limitation without a sufficient explanation for the delay?
- Does the vesting of valuable proprietary rights in a respondent influence the court's discretion to condone a delay in filing an appeal?
ORDER
1. ' MUHAMMAD YAQUB ALI, J.-This petition for leave to appeal is barred by time. The explanation given in the application for condonation of delay is that the petitioner was outside Karachi and his son handed over the Power of Attorney to the petitioner's counsel for "execution" and that "despite all care taken by the petitioner, the said Power of Attorney was made available to the Advocate-on- Record in the afternoon of 16th August 1974, but the said date being a Friday, the Branch Office of this Hon'ble Court was closed." It is difficult to make out proper sense out of the explanation but whatever it may mean,' it does not absolve the petitioner of the delay in lodging the petition for leave to appeal. Moreover, the Registry of the Court at Karachi does not close on Friday as is alleged in the application. It is also significant that the application for condo nation of delay was made on 6th of March 1q75, while the belated petition for special leave to appeal was filed on 19th August 1974.
2. ' As valuable proprietary rights have come to be vested in the respondent, we do not find it a fit case to condone the delay. The petition is dismissed as barred by time.