SAHIB KHAN AND OTHERS vs GHULAM DASTGIR AND OTHERS
This matter comes before the Supreme Court of Pakistan through a petition for leave to appeal against a judgment of the Lahore High Court dated 30-11-1973 in a land settlement case, which petition is barred by 189 days. The core legal question is whether the explanation offered by the petitioners regarding illness, inability to contact a legal adviser, and a mistaken impression about the filing of petitions during the Supreme Court summer vacation constitutes sufficient cause for the condonation of delay. The court holds that the explanation provided by the petitioners does not amount to a sufficient cause and ground for condonation of delay. The key principle laid down is that vague and unsupported assertions of illness and misconceptions regarding court vacations do not furnish sufficient ground to excuse a substantial period of delay in filing a petition for leave to appeal.
- Whether illness combined with a mistaken impression about court vacations constitutes sufficient cause for condoning a delay of 189 days?
- Can vague assertions of being unable to contact a legal adviser justify the condonation of delay in filing a petition for leave to appeal?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.- Leave to appeal from a judgment of the Lahore High Court dated 30-11-1973, in a land settlement case, has been sought through this petition. It is barred by 189 days.
2. The explanation] offered by the petitioners in the application for condonation of delay reads] A as follows :- "that after obtaining the required copies the petitioner fell ill and could not contact any legal adviser. In the meantime the Supreme Court was closed for summer vacations and the petitioner was under the impression that petitions are not filed during summer vacation."
3. ' We do not accept this, by itself, as sufficient cause and ground for condonation of delay. This petition is dismissed as time barred.