1968 PLP 17 (SCMR)
NABI BAKHSH-Petitioner Versus KHAN MUHAMMAD SARFRAZ KHAN, SETTLEMENT COMMISSIONER, MULTAN AND 14 OTHERS -Respondents
| Citation | 1968 PLP 17 (SCMR) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and Muhammad Yaqub Ali, J |
| Parties | NABI BAKHSH-Petitioner Versus KHAN MUHAMMAD SARFRAZ KHAN, SETTLEMENT COMMISSIONER, MULTAN AND 14 OTHERS -Respondents |
| Primary Law | Supreme Court Rules, 1956. |
Q1: What are the key laws and sections cited in 1968 PLP 17 (SCMR)?
This judgment primarily cites: Supreme Court Rules, 1956. as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 17 (SCMR)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and Muhammad Yaqub Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 17 (SCMR) (NABI BAKHSH-Petitioner Versus KHAN MUHAMMAD SARFRAZ KHAN, SETTLEMENT COMMISSIONER, MULTAN AND 14 OTHERS -Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. M. Shah Mashhedi, Advocate, Supreme Court instructed by Abdul Karim Sheikh, 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 18th July 1967, in Writ Petition No. 94/R of 1966). --O. XIII, r. 1-Petition for special leave to appeal-Limitation-Petitioner erroneously believing on advice of lawyer practising in District Court that Supreme Court Registry was closed due to summer vacations-No ground for con donation of delay-Constitution of Pakistan (1962), Art. 58(3).
Judgment & Decree
MUHAMMAD YAQUB , J.-This petition for special leave to appeal in a civil matter is barred by 13 days. The explanation given for condonation of delay is that erroneous advice was given by a counsel in Multan that the Registry was closed during summer vacation and the petition could be filed on the re-opening of the Court on 2-10-1967. Application for copy of the High Court order was made on 21-9-1967 after the period prescribed for moving an application for leave to appeal under Rule 1, Order XIII had expired. The Registry remains open during summer vacation on all week days except on Saturdays and Sundays. But even if the petitioners erroneously believed that it was closed, the time for filing the petition had already run out. It also does not absolve the petitioner from blame if instead of seeking advice from a proper source he chooses to consult a District Court's lawyer who is not familiar with the rules and procedure of this Court. There is thus no sufficient case for condonation of delay in the case. The petition is dismissed as barred by time. Petition dismissed.