Pakistan Case Law
2000 SCMR 649

KHALID BASHIR vs MUHAMMAD ZUBAIR and others

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Citation2000 SCMR 649
CourtSupreme Court of Pakistan
Case No.C.R. No,1952 of 1998 Civil Petition for Leave to Appeal No,867-L of 1999
Date1999-09-10
Judge(s)Irshad Hasan Khan, Actg. C.J. and Sh. Ijaz Nisar
ResultPetition dismissed
Summary

This petition for leave to appeal challenged a judgment of the Lahore High Court. The petition was filed with a delay of 86 days. The petitioner sought condonation of this delay, citing the failure of their counsel to inform them about the status of the case as the primary justification. The Supreme Court of Pakistan examined the request for condonation of delay. The Court held that the negligence or failure of a counsel to inform a client about the outcome of a case does not constitute a valid or sufficient ground for the condonation of a significant delay in filing an appeal. Consequently, the Court refused to condone the delay, dismissed the petition as time-barred, and declined to grant leave to appeal. The judgment reaffirms the principle that litigants are responsible for pursuing their cases diligently and that the inaction of legal counsel is not an automatic excuse for procedural delays.

Questions settled in this judgment
  • Does the failure of a counsel to inform a client about the status of a case constitute a valid ground for condonation of delay?
  • Can a petition for leave to appeal be dismissed solely on the ground of being time-barred?
condonation of delaylimitationtime-barred petitionleave to appealnegligence of counsel

ORDER

' IRSHAD HASAN KHAN, ACTG. C.J.---This petition for leave to appeal is directed against the judgment/order, dated 29-1-1999 passed by the Lahore High Court, Lahore in C.R. No,1952 of 1998.

2. This petition is barred by 86 days. Delay is sought to be condoned on the ground that the counsel of the petitioner did not inform the petitioner about the fate of the case.

' We are afraid, this does not constitute a valid ground for condo-nation of delay. Resultantly, the petition is dismissed being barred by time and leave declined.

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