| Case ID |
15ef61b8-17b5-42d2-bf98-635ae14a0c40 |
| Body |
View case body. Login to View |
| Case Number |
Civil Miscellaneous Nos. 1 and 2 of 2001 in Writ P |
| Decision Date |
Mar 16, 2004 |
| Hearing Date |
|
| Decision |
The applications for restoration of the dismissed constitutional petition and for condonation of delay were dismissed. The court found that the applicants exhibited gross negligence and indolence by failing to pursue the matter from 1994 to 2001, thereby ignoring the rights accrued to the respondents due to the expiration of the limitation period. The court emphasized the necessity of providing an explanation for each day of delay, which was absent in this case. Therefore, the court had no choice but to dismiss both applications. |
| Summary |
This case involves a constitutional petition dismissed for non-prosecution due to the applicants' failure to take appropriate steps for several years. The Lahore High Court ruled against the applicants, highlighting gross negligence in pursuing the case. The decision underscores the importance of timely legal action and the implications of limitations on rights. Key legal principles from the Civil Procedure Code, Limitation Act, and the Constitution of Pakistan were applied. The ruling emphasizes the court's commitment to uphold rights while balancing the need for timely justice. This case serves as a significant reminder for legal practitioners about the critical nature of adhering to procedural timelines to avoid detrimental outcomes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Awan Muhammad Hanif Khan,
Fazal-e-Milan Chowhan, Addl. A.G
|
| Petitioners |
others,
GHULAM MUHAMMAD
|
| Respondents |
others,
MEMBER, BOARD OF REVENUE
|
| Citations |
2004 SLD 2595,
2004 PLD 486
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
151,
O. IX, R. 13,
S. 5,
Art. 199
|