1968 SCMR 47 (PLP)
MUHAMMAD IBRAHIM-Petitioner Versus MUHAMMAD RASHID AND OTHERS-Respondents
| Citation | 1968 SCMR 47 (PLP) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and Muhammad Yaqub All, J |
| Parties | MUHAMMAD IBRAHIM-Petitioner Versus MUHAMMAD RASHID AND OTHERS-Respondents |
Q1: What are the key laws and sections cited in 1968 SCMR 47 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 47 (PLP)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and Muhammad Yaqub All, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 47 (PLP) (MUHAMMAD IBRAHIM-Petitioner Versus MUHAMMAD RASHID AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Pervaiz Akhtar, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Senior Attorney for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th April 1967, in Civil Revision No. 124 of 1965). Constitution of Pakistan (1962), Art. 58(3)-Petition. for special leave to appeal barred by time-Excuse that delay was due to "honest impression" that period of summer vacation would be allowed by way of extension-Not entertained-Supreme. Court Rules, 1956, O. XIII, r. I.
Judgment & Decree
CORNELIUS, C. J.-This petition for Special Leave to Appeal against a judgment of the High Court in revision, arising out of a civil suit for a declaration of title in a house, is barred by time by 18 days. The only excuse advanced , in seeking condonation of the delay is that the petition was filed on the day that the Court re-opened after the summer vacation of 1967, i.e., the 2nd October, "under the honest impression" that the period of the vacation would be allowed by way b extension. The parties belong to Lahore, and the petitioners had Counsel in the High Court. The practice of the Supreme Court, which is thoroughly well known to counsel practicing in the High Court, is that during the summer vacation, the office is open for reception of petitions and all other processes, on all days except Saturdays, Sundays and official holidays. An "impression" of the kind relied upon could not be honestly, entertained. There has been delay due to lack of diligence, and as rights in property are involved, extension of time cannot be allowed. The petition is dismissed as time-barred. Petition dismissed.