Khan TARIQ ISMAIL KHAN AND Others vs HASSAN HABIB AND Other
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal which was filed five days beyond the prescribed period of limitation. The core legal question addressed by the court is whether the mistaken belief of the petitioners that the Supreme Court remained closed during vacation constitutes a sufficient ground for the condonation of delay under the limitation rules. The court held that the petition is barred by time, observing that the court remains open during vacations for the purpose of filing petitions and that a party's misconception regarding court vacations does not furnish sufficient cause for condoning delay. The key principle laid down is that ignorance or mistaken impression regarding the operational status of the court during vacations does not warrant the condonation of delay in filing proceedings.
- Does a mistaken impression that the Supreme Court remains closed during vacation constitute sufficient ground for condonation of delay?
- Does the Supreme Court remain open during vacation for the purpose of filing petitions?
ORDER
1. M. R. KHAN, J. This petition is out of time by 5 days. The petitioners have applied for condonation of the delay on the ground that they had been under the impression that this Court A remained closed during the vacation till before the 4th October 1971. This was hardly a sufficient ground for condonation of the delay. It was earlier held by this Court in Fateh Ali Khan v. Muhammad Khan (1971 SCMR 354) that for the purpose of filing of petitions etc. The Court remains open during the vacation. In fact, the petition was filed during the vacation on the 14th September 1971, but it was by then out of time by 5 days.
2. The petition is; accordingly, dismissed as barred by time.