| Case ID |
0ffcc5d6-86d6-4d4a-8387-5d05cd7370ba |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.1077 of 1985 |
| Decision Date |
Jun 10, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to Mst. Eido against the Lahore High Court's dismissal of her Regular First Appeal concerning a suit for specific performance. The petitioner had claimed that the appeal was filed due to a bona fide mistake and on the wrong advice of her counsel. The Court noted the need for consideration of whether the time spent in pursuing the appeal in the lower court should be exempted under Section 14 of the Limitation Act. The Court decided that this question warranted further examination, ultimately granting the leave to appeal. |
| Summary |
In the case of Mst. Eido vs. Abdul Ghaffar, the Supreme Court of Pakistan addressed the issue of whether the time spent in pursuing an appeal before the Additional District Judge could be counted towards limitation under Section 14 of the Limitation Act (IX of 1908). Mst. Eido, the petitioner, sought specific performance of a compromise agreement, alleging that the respondent had failed to transfer land as promised. After her initial suit was dismissed, she faced challenges in the appellate process, including a return of her appeal due to jurisdictional issues. The Lahore High Court had dismissed her appeal in limine, leading her to seek leave to appeal from the Supreme Court. The Court's decision to grant leave indicates a significant consideration of the procedural nuances in the context of legal representation and the interpretation of limitation laws, which is crucial for practitioners and parties involved in similar legal disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
S. USMAN ALI SHAH
|
| Lawyers |
|
| Petitioners |
Mst. EIDO
|
| Respondents |
others,
ABDUL GHAFFAR
|
| Citations |
1991 SLD 995,
1991 SCMR 1517
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
14,
185(3)
|