| Case ID |
03a20dd0-43c4-4e1f-bffc-b08a89648a0c |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 720-L of 19 |
| Decision Date |
Nov 22, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal in the case concerning the condonation of delay in filing a petition. The petitioner, who was the plaintiff, sought leave against the High Court's decision that dismissed their claim based on waiver and estoppel. The petition was found to be barred by time, as the petitioner had been misinformed about the time limits for filing the appeal by their counsel. The absence of a supporting affidavit from the counsel meant that the condonation of delay could not be granted. The Court found that the High Court had provided sufficient reasons for its findings, which did not warrant interference by the Supreme Court. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed critical issues surrounding the Limitation Act and the Constitution regarding the filing of appeals. The petitioner, misled by their local lawyer regarding the applicable filing period, faced challenges in seeking condonation for a delayed petition. The Court emphasized the necessity of a supporting affidavit from counsel for such requests, highlighting the importance of accurate legal advice. In denying leave to appeal, the Supreme Court upheld the High Court's decision, which effectively underscored the principles of waiver and estoppel in legal proceedings. This case serves as a pivotal reference for future cases involving the Limitation Act and the standards for legal counsel's advice, showcasing the importance of timely and precise legal guidance in the judicial process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN, J.,
SALEEM AKHTAR, J.
|
| Lawyers |
Muhammad Rafiq Rijwana
|
| Petitioners |
MUHAMMAD MANZOOR
|
| Respondents |
GHULAM MURTAZA
|
| Citations |
1994 SLD 712,
1994 SCMR 987
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
5,
185(3)
|