JUMMA vs Maulvi MUBARAK — 1971 SCMR 779

Citation: 1971 SCMR 779

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-11

Parties: JUMMA vs Maulvi MUBARAK

Headnotes

Case cited as 1971 SCMR 779

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan Title: JUMMA vs Maulvi MUBARAK Case No.: Civil Petition for Special Leave to Appeal No. 180 of 1971 Date of Judgment:1971-11-11 Reported As: 1971 SCMR 779 Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal, which is directed against the decision of a Division Bench of the Lahore High Court (Bahawalpur Circuit), made in a second appeal, is time-barred by 68 days.. The impugn--ed judgment in the High Court was delivered on the 28th of May 1971. The petitioner applied for a certified copy of that judgment on the 21st of July 1971, which was made available to him the same day. The prescribed period of 60 days for leave to appeal to this Court thus expired on the 28th of July 1971. The leave petition, however, was filed on the 4th of October 1971, and the delay, which has occurred, is sought to be explained by the circumstance that as the Supreme Court was closed for long vacation during the interim period between the 28th of July 1971 to the 4th of October 1971, the petitioner filed the petition on the re-opening of the Court on the 4th of October 1971. The learned counsel for the petitioner has argued that under section 4 of the Limitation Act, the period of vacation during which the Court remained closed, has to be excluded. When it was pointed out to the learned counsel that the offices of the Court remained open during the vacation as per the…

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