Pakistan Case Law
2000 SCMR 647

AHMED DIN vs GHULAM MUHAMMAD through Legal Heirs and others

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Citation2000 SCMR 647
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,675-L of 1999 R.S.A. No,170/88
Date1999-09-10
Judge(s)Irshad Hasan Khan, Actg. C.J. and Sh. Ijaz Nisar
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal was directed against the judgment and order of the Lahore High Court dismissing a regular second appeal. The primary matter for consideration before the Supreme Court was an application for condonation of delay of 123 days in filing the petition, which was sought on the ground that the petitioner resided in a distant village and his counsel failed to inform him in time regarding the dismissal of his appeal. The core legal question addressed was whether the alleged negligence of a counsel in communicating the decision to his client constitutes a sufficient ground for condoning a substantial delay in filing an appeal. The Supreme Court held that the matter of communication between a client and their counsel cannot be used to penalize the opposite party, and that no sufficient ground existed for condoning the delay. Consequently, the Court dismissed the petition for leave to appeal due to being time-barred, establishing the principle that a client is bound by the conduct of their counsel and that counsel's negligence alone does not warrant the condonation of delay against the opposing party.

Questions settled in this judgment
  • Does the alleged negligence of a counsel in informing his client about a judgment constitute a sufficient ground for condoning delay in filing a petition?
  • Can the opposite party be penalized for the failure of a petitioner's counsel to communicate the dismissal of an appeal in time?
condonation of delaytime-barred petitionnegligence of counselleave to appealsupreme court of pakistan

ORDER

' IRSHAD HASAN KHAN, ACTG. C.J.---This petition for leave to appeal is directed against the judgment/order dated 17-11-1998 passed by the Lahore High Court, Lahore in R.S.A. No, 170/88.

2. The petition is barred by 123 days. Delay is sought to be condoned on the ground, "the petitioner is living in far off village of Mianwali and could not receive the letter from his counsel regarding the dismissal of his appeal by the Lahore High Court, Lahore dated 17-11-1998".

' We are afraid that this matter is purely between the client and his counsel. The opposite-party cannot be penalized for the alleged negligence of the counsel who could not allegedly inform him in time.

' No sufficient ground exists for condo-nation of delay. Resultantly, the petition is dismissed and leave declined.

Cited by 4 cases

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