| Case ID |
00742ff4-9032-4465-addd-e920baccc4bd |
| Body |
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| Case Number |
Petition for Leave to Appeal No.675 of 1985 |
| Decision Date |
Mar 27, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court refused the leave to appeal after determining that the High Court did not commit any error of law or principle in condoning the delay of the writ petition. The decision emphasized that the absence of the respondents' counsel was due to a genuine mistake in estimating the time required to reach the court, as he was representing another bench at the same time. The court reiterated that in cases where a lawyer makes a genuine error in estimating the time to appear, it can be a valid reason for recalling the order resulting from their absence. The petition was ultimately dismissed. |
| Summary |
This case revolves around the Limitation Act (IX of 1908) and the Civil Procedure Code (V of 1908), particularly focusing on the Supreme Court's ruling regarding the condonation of delay in the restoration of a writ petition. The court evaluated the circumstances under which the petition was originally dismissed for non-prosecution due to the non-appearance of the counsel. The case highlights the importance of understanding genuine mistakes made by legal representatives in estimating time for court appearances, which can significantly affect case outcomes. This ruling sets a precedent for similar instances where the absence of a lawyer is justified by unforeseen circumstances. The decision underscores the judicial discretion exercised by the High Court and the need for flexibility in legal proceedings, thereby contributing to the broader discourse on legal representation and procedural justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Ch. Shaukat Ali Saqib Advocate,
Muhammad Aslam Chaudhry Advocate-on-Record,
Sh. Abdul Mannan Advocate Supreme Court,
Tanvir Ahmed Advocate-on-Record
|
| Petitioners |
5 others,
SARWAR SULTANA
|
| Respondents |
3 others,
ILAM DIN
|
| Citations |
1989 SLD 918,
1989 PLD 371
|
| Other Citations |
Babu Jan Muhammad and others v. Dr. Abdul Ghafoor and others PLD 1966 S.C.461,
Salamat Bibi and others v. Settlement and Rehabilitation Commissioner, Multan PLD 1966 S.C.467
|
| Laws Involved |
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
5,
O.XLI. -R.19
|