Supreme Court of Pakistan
Muhammad Akram and others / Nazir Hussain and others v. Mst. Nazeer Begum (deceased) through legal representatives and others
Published on this website
Civil Appeal Nos. 348 and 349 of 2018; CMA Nos. 797 and 798 of 2025
Citation: Approved for reporting; reporter citation not printed
Background
Background
Supreme Court holds that section 4 protection requires filing on the first reopening day when limitation expires during court holidays.
The Supreme Court of Pakistan has held that when the appeal limitation period expires during court holidays, the benefit of section 4 of the Limitation Act, 1908, is available for filing on the first day the Court reopens. In the two cases before it, appeals filed one and two days after reopening could not receive that protection, and no reasonable explanation had been furnished for condonation of the delay.
Legal questions
Legal questions
Whether appeals filed after the first reopening day could receive section 4 protection when the limitation period expired during vacation, with no reasonable explanation for the delay.
Court holding
What the Court decided
Section 4 protection ended on the first reopening day, 11 September 1995. Appeals filed on 12 and 13 September were late, with no reasonable explanation for condonation. The certified-copy exclusion question was expressly left undecided.
Final outcome
Final outcome
Both civil appeals allowed. Lahore High Court judgments of 27 October 2015 set aside to the extent of limitation; Additional District Judge Multan orders of 15 and 16 December 2000 restored for the stated reasons.
Practical effect
What the decision means in practice
Both civil appeals allowed. Lahore High Court judgments of 27 October 2015 set aside to the extent of limitation; Additional District Judge Multan orders of 15 and 16 December 2000 restored for the stated reasons.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- Section 4 protection ended on the first reopening day, 11 September 1995. Appeals filed on 12 and 13 September were late, with no reasonable explanation for condonation. The certified-copy exclusion question was expressly left undecided.
- Section 4 does not grant a fresh full limitation period after vacation.
- The ruling is confined to limitation and does not finally resolve the underlying land dispute.
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Original judgment and official source
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Later treatment
Later treatment
Reporter citation and later judicial treatment not independently verified. Earlier authorities are reported as cited in the supplied judgment; certified-copy exclusion was not finally decided here.
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Related article
Related article
Supreme Court holds that section 4 protection requires filing on the first reopening day when limitation expires during court holidays.
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