| Case ID |
092cdb1a-9b99-4b7e-8c7e-89e69bbb810a |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.1867 of 2003 |
| Decision Date |
Jan 23, 2006 |
| Hearing Date |
Jan 23, 2006 |
| Decision |
The Supreme Court allowed the petitioners' request for the conversion of their petition for leave to appeal into a direct appeal and extended the period of limitation for filing such appeal by 29 days. The Court found that the petitioners were not guilty of negligence or carelessness in prosecuting their remedy before the Court, as they had been under a bona fide impression regarding the period of limitation. The decision emphasized that no person should suffer due to a mistake made by the Court and that the office had entertained the petition without raising objections about its maintainability. The case highlighted the importance of understanding the correct valuation of the subject matter in determining the appropriate course of legal action. |
| Summary |
This case revolves around the procedural intricacies of filing an appeal in the Supreme Court of Pakistan, particularly concerning the valuation of the subject matter in a pre-emption suit. The petitioners initially filed a petition for leave to appeal based on their understanding of the law, which was later clarified by a precedent case. The Supreme Court ruled in favor of the petitioners, allowing the conversion of their petition into a direct appeal and extending the limitation period for filing. This ruling underscores the Court's commitment to ensuring justice is served without penalizing individuals for procedural errors, particularly when such errors arise from misunderstandings of legal principles. The decision is pivotal in reinforcing the notion that procedural mistakes should not prevent access to justice, especially in cases where the Court's office has failed to raise timely objections. The case also serves as a reminder of the critical role that legal representation plays in navigating the complexities of the judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
NASIR-UL-MULK
|
| Lawyers |
Muhammad Munir Peracha,
Gulzarin Kiani
|
| Petitioners |
others,
TAZA GUL
|
| Respondents |
Haji FAZAL SUBHAN
|
| Citations |
2006 SLD 2479,
2006 SCMR 504
|
| Other Citations |
Muhammad Inayat v. Fateh Muhammad 2003 SCMR 875,
Zafar Iqbal Hameed Khan v. Ashiq Hussain 2005 SCMR 1371
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980
|
| Sections |
185(2)(d)(e),
185(3),
O.XII, R.2
|