KARAM DIN vs PROVINCE OF PUNJAB through Collector, Mianwali and others
This petition for leave to appeal was filed before the Supreme Court of Pakistan with a delay of 18 days. The petitioner sought condonation of this delay, citing personal indisposition as the sole ground for the late filing. However, the petitioner failed to append any medical certificate or supporting documentation to substantiate the claim of illness. Upon inquiry by the Court, the learned counsel for the petitioner candidly conceded that, in the absence of a medical certificate, the plea of indisposition could not be legally entertained or substantiated. Consequently, the Court held that the delay could not be condoned due to the lack of evidence supporting the petitioner's inability to file the petition within the prescribed period of limitation. The Court affirmed the principle that a plea for condonation of delay based on medical grounds must be supported by credible documentary evidence, such as a medical certificate, to be considered valid. Finding no sufficient cause for the delay, the petition was dismissed as time-barred.
- Can a delay in filing a petition be condoned on the ground of indisposition without the production of a medical certificate?
- Is a petition liable to be dismissed if it is filed beyond the period of limitation and the application for condonation of delay lacks supporting evidence?
ORDER
IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition is barred by 18 days.
2. An application has been filed seeking condonation of delay on the ground that the petitioner was indisposed. However.No medical certificate has been appended with this application. We asked the learned counsel for petitioner to explain as to how in absence of medical certificate, we can entertain the plea of petitioner. He candidly concededthat in absence of medical certificate, plea of petitioner being indisposed cannot be entertained.
In view of the above situation, we are of the opinion that in absence of medical certificate we cannot entertain the plea of petitioner being indisposed, therefore, delay in filing of petition cannot be condoned. As such petition is dismissed being barred by time.
Cited by 1 case
- Haji Bashir Ahmad Ch vs Bashir Ahmad Deceased through L.Rs. Etc 2021 CLC 1696, 2021 LHC 1380