Case Details

Citation(s)
2000 SLG 1750 2000 SLD 1750 2000 SCMR 675
Supreme Court of Pakistan
Civil Petition No. 1422 of 1999, decision dated: 14-09-1999.


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Law:

Section:

2000 SCMR 675 [Supreme Court of Pakistan] Present: Irshad Hasan Khan, Actg. C.J. and Sh. Ijaz Nisar, J Mst. AMENA BIBI and others---Petitioners versus ABDUL HAQEES and others----Respondents Civil Petition No. 1422 of 1999, decided on 14th September, 1999. Supreme Court Rules, 1980--O. XIII, R.1---Constitution of Pakistan (1973), Art 185(3)---Petition for leave to appeal---Delay in filing the petition ---Condonation---Delay of fifty ­three days in filing petition was sought to be condoned on ground that Supreme Court was closed in the month of July for summer vacations--­ Petitioner who had obtained copy of impugned of High Court in the month of May, could easily file said petition within time when Supreme Court was open---Even otherwise Registries of Supreme Court being non­ vacation offices, petitioner could file petition even if Supreme Court was closed due to summer vacation---Petitioner, having failed to explain each day of limitation satisfactorily, petition was dismissed being barred by time. Central Board of Revenue, Islamabad through Collector of Customs, Sialkot Dry Port, Samberial, District Sialkot and others v. Messrs Raja Industries (Pvt.) Ltd. through General Manager and 3 others 1998 SCMR 307 and Lehar Khan and others v. Amir Hamza and others 1999 SCMR 108 ref. M. Munir Peracha, Advocate Supreme Court for Petitioners. Date of hearing: 14th September, 1999. JUDGMENT IRSHAD HASAN KHAN, ACTG. C.J.---This petition is barred by 53 days. The delay is sought to be condoned on the following grounds:-- "(1) That the of the High Court was announced on 10-5-1999. The petitioners-applicants applied for the copy of the on 12-5-1999. The copy was prepared and delivered to the applicants on 19-5-1999. (2) That the applicants went to a learned Advocate-on-Record who told the applicants that time for filing the petition for leave to appeal in the Supreme Court is 60 days and they should file the petition on or before 19-7-1999. The applicants went to the Supreme Court in…
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