Legal Case Summary

Case Details
Case ID 1fcb63da-6de0-48b1-bd6c-bc09dfacd5b9
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No. 149
Decision Date Apr 08, 1980
Hearing Date
Decision The Supreme Court dismissed the petition for special leave to appeal as time-barred, as it was filed three days late. The petitioner argued that the delay was due to a misunderstanding by a departmental functionary regarding the filing of necessary documents. However, the Court found that this reasoning was insufficient to warrant an extension of time. The Court emphasized that the matter was already pending before the Federal Government, rendering the appeal infructuous. Consequently, the petition was dismissed without any special concession to the petitioner.
Summary In the notable case of Civil Petition for Special Leave to Appeal No. 149 of 1979, the Supreme Court of Pakistan addressed the issue of appeal delays under Article 185 (3) of the Constitution of Pakistan (1973). The case arose from a decision by the Lahore High Court, which dismissed a settlement appeal on the grounds that the matter was pending with the Federal Government and thus rendered the appeal infructuous. The petitioner, represented by FazaliHussain Advocate-on-Record, sought to condone a three-day delay in filing the appeal, attributing it to a misinterpretation by a departmental official. However, the Supreme Court ruled that this reason did not provide sufficient grounds for an extension and ultimately dismissed the petition. This case highlights the importance of timely filings in legal proceedings and the limitations of appeal rights in the face of procedural delays. The ruling reinforces the need for strict adherence to deadlines in legal practice, which is crucial for maintaining the integrity of the judicial process. Keywords such as 'Supreme Court of Pakistan', 'Civil Petition', 'special leave to appeal', 'legal delay', and 'judicial procedure' are relevant for understanding the implications of this case.
Court Supreme Court of Pakistan
Entities Involved EVACUEE TRUST PROPERTY BOARD, Mian IQBAL MAHMOOD
Judges KARAM ELAHEE CHAUHAN, MUHAMMAD AFZAL ZULLAH
Lawyers FazaliHussain Advocate-on-Record
Petitioners EVACUEE TRUST PROPERTY BOARD
Respondents OTHERS, Mian IQBAL MAHMOOD
Citations 1982 SLD 478, 1982 SCMR 801
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 185 (3)