| Case ID |
1b64d389-bde0-4787-8210-0297f7666141 |
| Body |
View case body. Login to View |
| Case Number |
Civil Miscellaneous Applications Nos. 2593 and 281 |
| Decision Date |
Sep 25, 2017 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the limitation for filing an appeal would commence from the date of preparation of the decree. The court found that there was ambiguity surrounding the exact date the decree-sheet was prepared, which led to the conclusion that the appeal could not be definitively held as barred by time. The delay of 44 days in filing the appeal was condoned, acknowledging the circumstances surrounding the preparation of the decree-sheet and the lack of clear evidence regarding its timely availability. Thus, the case emphasized the importance of establishing a clear timeline for the preparation of decrees in order to ensure that appeals are not unfairly dismissed due to procedural delays. |
| Summary |
This case revolves around the procedural intricacies associated with filing an appeal in the Supreme Court of Pakistan. The primary issue at hand was the commencement of the limitation period for filing an appeal, particularly concerning the preparation and availability of the decree-sheet. The Supreme Court highlighted that the limitation period should start from the date the decree is prepared, and any time taken between the announcement of the judgment and the signing of the decree is included in the timeframe for obtaining the copy of the decree. This case is significant as it clarifies the procedural requirements for filing appeals in the Supreme Court, and underscores the necessity for precise documentation and timely preparation of decrees. Legal practitioners must pay careful attention to these details to avoid complications in future cases. The ruling also reinforces the principle that delays in procedural matters can be excused under certain circumstances, particularly when there is ambiguity or lack of clarity in the preparation of judicial documents. Thus, this case serves as a critical reference for attorneys navigating the complexities of civil appeals, ensuring compliance with Supreme Court Rules and protecting the rights of appellants in civil matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
UMAR ATA BANDIAL,
FAISAL ARAB,
MIAN SAQIB NISAR
|
| Lawyers |
Syed Najamul Hassan Kazmi,
Mian Muhammad Hanif,
Raja Abdul Ghafoor,
Naeem Bukhari
|
| Petitioners |
CDA AND ANOTHER
|
| Respondents |
HASHWANI HOTELS LTD
|
| Citations |
2018 SLD 294 = 2018 SCMR 401
|
| Other Citations |
Government of Sindh through Land Acquisition Officer and others v. Muhammad Jumman and another 2009 SCMR 1407,
Government of West Pakistan through Chief Secretary, Lahore and others v. Niaz Muhammad PLD 1967 SC 271
|
| Laws Involved |
Supreme Court Rules, 1980
|
| Sections |
O. XII, R.4
|