Law:

Section:

(a) Supreme Court Rules, 1980--- ----O. XII, R.1 & O.XXXIII, R.6---Constitution of Pakistan (1973), Art. 185(3)---Constitutional petition---Petition for leave to appeal was time-barred---Delay, condonation of---Illness of mother of petitioner---Closing of Supreme Court on account of summer vacation---Delay of 18 days---Judgment was passed by High Court on 28-5-2001 and petition for leave to appeal was filed on 10-9-2001---Plea raised by the petitioner was that on 18-6-2001, his mother was admitted in hospital and she expired on 1-7-2001, after the death of the mother he himself fell ill and was advised bed rest by doctor from 8-8-2001 to 28-8-2001 and that during the intervening period, the Court was closed on account of summar vacations---Effect---Even if the period during which petitioner remained under treatment i.e. from 8-8-2001 to 28-8-2001, was excluded and he was also given concession for the period of illness of his mother, still the petition was barred by time as there was no explanation for the delay relating to the period from 28-8-2001 to 10-9-2001---Office was not closed during the vacation and petitioner could file the petition--­Closure of Supreme Court thus would not provide a valid ground for condonation of delay---Petition for leave to appeal was dismissed being time-barred in circumstances. Fazal Karim v. Ghulam Jilani 1975 SCMR 452 distinguished. (b) Specific Relief Act (I of 1877)----- ----S. 54---Constitution of Pakistan (1973), Art. 185(3)---Restraining encroachment of land reserved for graveyard---Concurrent findings of fact by the Courts below---Trial Court decreed the suit and restrained the defendant from encroaching over the land reserved for graveyard--­Judgment and decree passed by the Trial Court were maintained by Appellate Court and High Court---Validity---No infirmity of misreading or non-reading of evidence was found---Leave to appeal was refused. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeking leave to appeal has been preferred against the judgment, dated 28-5-2001 passed by a learned Single Judge of Lahore High Court, Rawalpindi…

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