Pakistan Case Law
2003 SCMR 785

MUHAMMAD RAMZAN vs ZULFIQAR AHMAD

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Citation2003 SCMR 785
CourtSupreme Court of Pakistan
Case No.Civil Petition No,743/L of 1999
Date2002-05-19
Judge(s)Iftikhar Muhammad Chaudhry, Khalil-ur-Rehman Ramday and Faqir Muhammad Khokhar
Authored byIftikhar Muhammad Chaudhry
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 filed against the judgment of the Lahore High Court, which dismissed the petitioner's civil revision. The primary legal question before the Supreme Court was whether the delay of nine days in filing the petition for leave to appeal could be condoned based on the petitioner's medical condition. The petitioner submitted a medical certificate claiming he was advised complete bed rest for one month; however, the Court found the certificate insufficient to demonstrate that the petitioner was incapacitated to the extent that he could not contact his counsel. Furthermore, the Court noted that the petitioner failed to explain why other male family members could not have facilitated the filing of the petition on his behalf. Consequently, the Court held that the delay was not condonable. The principle laid down is that a mere medical certificate, without demonstrating total incapacity to instruct counsel or showing that no other family member could assist in the legal process, is insufficient grounds to condone a delay in filing a petition for leave to appeal.

Questions settled in this judgment
  • Is a medical certificate advising bed rest sufficient, by itself, to condone a delay in filing a petition for leave to appeal?
  • Must a petitioner demonstrate that no other family member could have assisted in filing a petition when claiming incapacity due to illness?
  • Does a failure to explain the inability to contact counsel during a period of illness justify the dismissal of a time-barred petition?
condonation of delaylimitationpetition for leave to appealcivil revisionmedical certificateprocedural law

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has .Been filed against the judgment dated 11th March, 1999 passed by Lahore High Court, Lahore whereby civil revision filed by petitioner has been dismissed.

2. Instant petition is barred by 9 days. Alongwith this petition, application has been filed seeking condonation of delay on the ground that petitioner was indisposed and advised complete bed rest by the doctor for one month w.e.f, 30th April, 1999 to 28th May, 1999. Perusal of the certificate does not indicate that the petitioner was suffering from such-disease on account of which he was not in a position to contact his counsel. Moreover, it has not been explained that besides the petitioner, there was no other male member in his family to contact his counsel.

' Thus, we are of the .Opinion that the delay in filing of petition is not condonable. As such petition is dismissed being barred by time.

Cited by 3 cases

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