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Initializing Secure Chambers
Petitioner: Haji MALIK AMAN VS Respondent: SETTLEMENT COMMISSIONER (LANDS) PESHAWAR AND 3 Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Durab Patel Title:Haji MALIK AMAN vs SETTLEMENT COMMISSIONER (LANDS) PESHAWAR AND 3
Other Case No.:Civil Petition for Special Leave to Appeal No. 55-P of 1975 Writ Petition No. 99 of 1972 Date of Judgment:1977-11-18 Reported As: 1978 SCMR 166 Result: Petition dismissed Judgment ORDER NASIM HASAN SHAH, J.-This petition is barred by time. Judgment was delivered on 7-6-1974. Application for supply of copy was made on 17-6-1974. It was made ready for delivery on 9.7-1974, though delivery was tactually 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 than petitions and other proceeding 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 some what similar circumstances, was taken by this Court is Mushtaq Ahmad v. Vice-Chancellor. University of the Punjab, Lahore (1970 SCMR 26). 4. This petition is accordingly dismissed on the ground of limitation.
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