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1971 S C M R 665
Present : Sajjad Ahmad and M. R. Khan, JJ
Khan TARIQ ISMAIL KHAN AND OTHERS‑Petitioners
versus
HASSAN HABIB AND OTHERS‑Respondents
Civil Petition for Special Leave to Appeal No. 172 of 1971, decided on 26th October 1971.
(On appeal form the judgment and order of the Lahore High Court, dated the 26th March 1971, in Letters Patent Appeal No. 18 of 1971).
Constitution of Pakistan (1962).
Art. 58‑Special leave to appeal‑Condonation of delay‑Ground that appellant was under impression that Supreme Court remained closed during vacation‑Not a sufficient ground for condonation of delay.
Fateh Ali Khan v. Muhammad Khan 1971 S C M R 354 ref.
Muhammad Bashir Hussain, Advocate instructed by Khawaja Wall Muhammad, Advocate‑on‑Record for Petitioners.
Muhammad Ismail Senior Advocate instructed by S. Inayat Hussain, Advocate‑on‑Record for Respondent No. 1.
Nemo for Respondents Nos. 2 and 3.
Date of hearing : 26th October 1971.
M. R. KHAN, J.
This petition is out of time by 5 days. The petitioners have applied for condonation of the delay on the ground that they had been under the impression that this Court A remained closed during the vacation till before the 4th October 1971. This was hardly a sufficient ground for condonation of the delay. It was earlier held by this Court in Fateh Ali Khan v. Muhammad Khan (1971 S C M R 354) that for the purpose of filing of petitions etc. the Court remains open during the vacation. In fact, the petition was filed during the vacation on the 14th September 1971, but it was by then out of time by 5 days.
The petition is; accordingly, dismissed as barred by time.
Petition dismissed.
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