Haji MALIK AMAN vs SETTLEMENT COMMISSIONER (LANDS), PESHAWARAND 3
This matter comes before the Supreme Court of Pakistan as a petition filed against a judgment delivered on 7-6-1974, which was presented on 2-10-1974, resulting in a delay of thirty-six days. The core legal question concerns whether the petitioner's mistaken impression that limitation did not run during the long vacation of the Court constitutes a sufficient ground for the condonation of delay. Holding that the petition is barred by time, the Court decided that since petitions are received during the vacation on working days under the Supreme Court Rules and Orders, no ambiguity or bona fide excuse existed to justify the delay. The key principle laid down is that a misunderstanding regarding the running of limitation during court vacations, in the face of clear rules providing for the receipt of petitions during such periods, does not furnish a valid basis for condonation of delay under the law.
- Does limitation run during the long vacation of the Supreme Court?
- Can a mistaken impression regarding the running of limitation during court vacations serve as a bona fide excuse for condoning delay?
- Are petitions and other proceedings received by the Supreme Court during its vacation on working days?
- Order II Rule 3, Supreme Court Rules
ORDER
NASIM HASAN SHAH, J.-This petition is barred by time. The judgment we delivered on 7-6-1974. Application for supply of copy was made on 17-6-1974. It was made ready for delivery on 9-7-19 74, though delivery was actually obtained on 13-7-1974. The petition was filed in this Court on 2.10-1974 and thus was out of time by thirty-six days.
2. In excuse for the delay , it is submitted that the petitioner was under the impression that limitation did not run during the long vacation of the Court. Accordingly the petition was filed immediately on the reopening of the Court.
In these circumstances it was prayed that the delay be condoned.
3. There is no merit in this plea. The practice of this Court, as laid down in Order II, rule 3 of the Supreme Court Rules and Orders is toot petitions and other proceedings are received by the Supreme Court during the Vacation on all working days (except Saturdays). No ambiguity existed on this point and there could be no scope for a contrary impression. Hence no bona fide excuse for condonation of delay exists. The same view, in somewhat similar circumstances was taken by this Court in Mushtaq Ahmad v. Vice-Chan cellor . University of the Punjab, Lahore ( 1970 SCMR 26 ).
4. This petition is accordingly dismissed on the ground of limitation. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.