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Petitioner: Haji MALIK AMAN VS Respondent: SETTLEMENT COMMISSIONER (LANDS), PESHAWARAND 3 Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Durab Patel Title:Haji MALIK AMAN vs SETTLEMENT COMMISSIONER (LANDS), PESHAWARAND 3
Other Case No.:Civil Petition for Special Leave to Appeal No. 55-P of 1975Writ Petition No. 99 of 1972 Date of Judgment:1977-11-18 Reported As: 1978 SCMR 133 Result: Petition dismissed Judgment 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.
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