| Citation(s) |
|---|
| 1997 SLG 822 1997 SLD 822 1997 SCMR 1393 |
Supreme Court of Pakistan
Civil Petition No.50-L of 1994, decision dated: 11-06-1995
ZIA MAHMOOD MIRZA AND RAJA AFRASIAB KHAN, JJ
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Civil Petition No.50-L of 1994, decision dated: 11-06-1995
ZIA MAHMOOD MIRZA AND RAJA AFRASIAB KHAN, JJ
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Ch. FAYYAZ AHMAD
VS
Mst. HIDAYAT BEGUM and 2 others
Law:
Section:
Law Reforms Ordinance (XII of 1972)--S. 3---Limitation Act (IX of 1908), S. 5---Constitution of Pakistan (1973), Art. 185(3)---Intra-Court Appeal filed beyond period of limitation---Order of High Court was passed on 14-6-1993---Copy. of order was applied for on 16-6-1993 which was prepared by Copying Agency on 11-7-1993 and delivered to petitioner on 13-7-1993 ---Intra-Court Appeal admittedly was. tiled on 25-8-1993---Intra-Court Appeal was thus, barred by 26 days--- Petitioner's application for condonation of delay was sought on the ground that High Court being closed for long summer vacations, petitioner's counsel was of the opinion that limitation would not run during vacations-- -Such explanation was not accepted and Intra-Court Appeal was dismissed as time-barred---Validity--Petitioner's contention for condonation of delay had no merit for High Court's specific Bench had been functioning throughout summer vacations and petitioner's counsel had admitted that matter such as petitioner's Intra-Court Appeal could be filed even during summer vacations, moreso, when matter was of urgent nature---Petitioner's counsel also stated that he had also moved application for stay of impugned order of High Court---Plea taken by petitioner, thus, had no substance and was rightly given no weight by Division Bench of High Court---Matter of condonation of delay, however, rested in discretion of Division Bench exercise whereof, had not been shown to suffer from such illegality to warrant interference by Supreme Court---Leave to appeal was refused in circumstances. Dr. Khalid Ranjha, Advocate Supreme Court with Mahmood A Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 11th June, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.---Petitioner seeks leave to appeal against an order of a Division Bench of the Lahore High Court, Multan Bench, dated 25-10-1993 dismissing his appeal (ICA 147/93) "as being barred by law of limitation". 2. Facts necessary for the disposal of this petition, briefly stated, are that a learned Single Judge of the High Court by his order dated 14-6-1993 passed in Writ Petition No.1999 of 1993 quashed an F.I.R. registered at the…
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