| Case ID |
0af66e19-37ee-4c7f-b181-125f513348a7 |
| Body |
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| Case Number |
Civil Petition No. 63 of 1980 |
| Decision Date |
Feb 19, 1980 |
| Hearing Date |
Feb 19, 1980 |
| Decision |
The Supreme Court dismissed the petition as barred by limitation, concluding that the petitioner did not provide sufficient cause for the delay in filing the petition. The illness claimed by the petitioner was not deemed credible enough to excuse the delay of nine days beyond the stipulated period. The court emphasized the importance of adhering to legal deadlines and the necessity for petitioners to demonstrate valid reasons for any delays in their filings. |
| Summary |
In the case of Civil Petition No. 63 of 1980, the Supreme Court of Pakistan addressed significant issues related to the Limitation Act (IX of 1908). The petitioner, Bhoop Khan, sought to appeal a judgment from the Lahore High Court, but faced a delay of nine days in filing. The court scrutinized the reasons for this delay, which were attributed to the petitioner's claimed illnesses: Amoebiasis, Dysentery, and Anaemia. However, the court found the medical certification insufficient to justify the delay, asserting that the petitioner did not prove he was bedridden to the extent of being unable to consult a lawyer. The decision reinforced the strict application of limitation laws, highlighting the necessity for petitioners to act promptly and provide credible justifications when delays occur. As a result, the petition was dismissed, marking a critical interpretation of the Limitation Act within the context of judicial proceedings in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel,
Nasim Hasan Shah
|
| Lawyers |
Qamaruddin Meo, Advocate Supreme Court,
Merajuddin Ch. Advocate
|
| Petitioners |
Bhoop Khan
|
| Respondents |
Additional Settlement Commissioner (Land)
|
| Citations |
1980 SLD 358,
1980 SCMR 782
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
3,
5
|