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IFTIKHAR AHMAD KHAN versus MUHAMMAD IBRAHIM


Article 3 (3) leave on appeal for leave of appeal on the red day restriction Demand Act (IX of 1908), section 5

1981 S C M R 893(1)

Present : Karam Elahee Chauhan and Nasim Hasan Shah, JJ

IFTIKHAR AHMAD KHAN-Petitioner

versus

MUHAMMAD IBRAHIM (REPRESENTED BY LEGAL HEIRS) ETC.- -

Respondents

Civil Petition for Special Leave to Appeal No. 160 of 1975, decided on 13th April, 1980.

(On appeal from the judgment and order of the Lahore High Court; Lahore, dated 4-4-1974 in W. P. No. 508-R/67).

Constitution of Pakistan (1973)--

---Art. 185(3)-Petition for leave to appeal barred by 3 days---Ground urged for condonation of delay : that petitioner believed registry of Supreme Court closed during relevant period and as such petition could not be filed-Ground, held, not sufficient for condonation of delay-Limitation Act (IX of 1908), S. 5.

M. Ahmad Hassan Khan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner.

Nemo for Respondents.

Date of hearing : 13th April, 1980.

ORDER

KARAM ELAHEE CHAUHAN, J

.-This is a petition against an order of the High Court dated 4-4-1974, whereby a constitutional petition being W. P. 508-R/67 filed by the respondents herein was accepted. The petition is barred by 3 days. The petitioner has filed an application for condonation of delay on the ground that he was under an impression that during vacations, the registry of the Supreme Court is not open and that case cannot be filed during that period. For this reason it has been submitted that the delay in the filing of the petition may be condoned. The ground taken in our opinion, is not sufficient to condone the delay.

2. The result is that this petition has no merit and is dismissed.

Petition dismissed.

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