1978 PLP 133 (SCMR)
Haji MALIK AMAN-Petitioner Versus SETTLEMENT COMMISSIONER (LANDS), PESHAWAR
| Citation | 1978 PLP 133 (SCMR) |
| Forum / Court | -----O. II, r. 3 -Petition for leave, to appeal -Delay-Condonation- Petitions and other proceedings being received by Supreme Court during vacation on - all working days (except Saturdays) and no ambiguity existing on point, contention of petitioner being under impression of limitation not running during long vacation of Court, held, no bona fide excuse for condonation of delay.--Condonation of delay. |
| Bench Members | Dorab Patel and Nasim Hasan Shah, JJ |
| Parties | Haji MALIK AMAN-Petitioner Versus SETTLEMENT COMMISSIONER (LANDS), PESHAWAR |
| Primary Law | Supreme Court Rules, 1956 |
Q1: What are the key laws and sections cited in 1978 PLP 133 (SCMR)?
This judgment primarily cites: Supreme Court Rules, 1956 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1978 PLP 133 (SCMR)?
The case was heard and decided by the -----O. II, r. 3 -Petition for leave, to appeal -Delay-Condonation- Petitions and other proceedings being received by Supreme Court during vacation on - all working days (except Saturdays) and no ambiguity existing on point, contention of petitioner being under impression of limitation not running during long vacation of Court, held, no bona fide excuse for condonation of delay.--Condonation of delay. bench comprising: Dorab Patel and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1978 PLP 133 (SCMR) (Haji MALIK AMAN-Petitioner Versus SETTLEMENT COMMISSIONER (LANDS), PESHAWAR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Muhammad Shahudul Haque, Advocate Supreme Court instructed by Bhawaja Wali Muhammad, Advocate-on-Record for Petitioner.
- Karimullah Durrani, Advocate Supreme Court instructed by Qasim Imam, Advocate- on-Record (absent) for Respondents.
- Date of hearing: 19th November 1977.
- Syed Muhammad Shahudul Haque, Advocate Supreme Court instructed by Bhawaja Wali Muhammad, Advocate‑on‑Record for Petitioner.
- Karimullah Durrani, Advocate Supreme Court instructed by Qasim Imam, Advocate‑ on‑Record (absent) for Respondents.
Headnotes / Summary
(On appeal from the order dated 7th June 1974. passed by the Peshawar High Court in Writ Petition No. 99 of 1972).
O. II, r. 3 -Petition for leave, to appeal -Delay-Condonation- Petitions and other proceedings being received by Supreme Court during vacation on - all working days (except Saturdays) and no ambiguity existing on point, contention of petitioner being under impression of limitation not running during long vacation of Court, held, no bona fide excuse for condonation of delay.--[Condonation of delay]. Mushtaq Ahmad v. Vice-Chancellor, University of the Punjab, Lahore 1970 S C M R 20 ref.
Judgment & Decree
NASIM HASAN SHAH, J.‑This petition is barred by time. The judgment we delivered on 7‑6‑1974. Application for supply of copy was made on 17‑6‑1974. It was made ready for delivery on 9‑7‑1974, though delivery was actually obtained on 13‑7‑1974. The petition was filed in this Court on 2.10‑1974 and thus was out of time by thirty‑six days.
2. In excuse for the delay, it is submitted that the petitioner was under the impression that limitation did not run during the long vacation of the Court. Accordingly the petition was filed immediately on the reopening of the Court. In these circumstances it was prayed that the delay be condoned.
3. There is no merit in this plea. The practice of this Court, as laid down in Order II, rule 3 of the Supreme Court Rules and Orders is toot petitions and other proceedings are received by the Supreme Court during the Vacation on all working days (except Saturdays). No ambiguity existed on this point and there could be no scope for a contrary impression. Hence no bona fide excuse for condonation of delay exists. The same view, in somewhat similar circumstances was taken by this Court in Mushtaq Ahmad v. Vice‑Chancellor. University of the Punjab, Lahore (1970 S C M R 26).
4. This petition is accordingly dismissed on the ground of limitation. Petition dismissed.