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Delay, non‑prosecution and procedural defects justify refusal of stay and refusal to certify a defective constitutional referral.
Civil procedure – stay of execution – default judgment – laches and non‑prosecution; Criminal procedure – section 302A CPEC – applicability where accused not charged; Constitutional procedure – referral/certification under Rule 8 and Chief Justice’s role – originating motion required for non‑referral constitutional challenges; Court’s duty to assess substantiality before referral; Registry and drafting obligations.
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