ABDUS SATTAR and others vs NAWAB DIN and others

These two matters arise out of the same case, involving a civil petition for leave to appeal concerning a pre-emption matter and a related contempt application. In Civil Petition No. 1140 of 1984, the vendees challenged the dismissal of their civil revision by the High Court, focusing primarily on the question of limitation. The core legal question examined was whether the pre-emption suit filed on 1-9-1975 was time-barred, considering that the trial court was closed on 31-8-1975. The Supreme Court held that since the suit could not have been instituted prior to 31-8-1975 due to the court closure, a suit filed on the next open day (1-9-1975) was within time, thereby refusing leave to appeal. Additionally, the Court declined to deal with the contempt application on merits at this stage, resulting in the dismissal of both petitions. The key principle laid down is that when a court is closed on the last day of limitation, a suit instituted on the next immediate working day is within time.