| Case ID |
2e8c95cb-94f8-474d-b598-f474ec69f7e5 |
| Body |
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| Case Number |
Civil Appeal No.276 of 1970 |
| Decision Date |
May 21, 1976 |
| Hearing Date |
May 21, 1976 |
| Decision |
The Supreme Court of Pakistan ruled on the appeal regarding the limitation for filing a Letters Patent Appeal. The Court determined that once the limitation period has commenced, it cannot be suspended. The time for filing the appeal had already lapsed by the time the review application was filed. The Court emphasized that the time spent in pursuing the review application or obtaining copies of orders does not extend the limitation period. The Court ultimately set aside the ruling of the High Court and restored the order of the Chief Settlement Commissioner, affirming the earlier decisions regarding the transfer of property under the Displaced Persons (Compensation and Rehabilitation) Act. The Court denied any costs against the parties. |
| Summary |
The case revolves around the interpretation of the Limitation Act, 1908, specifically Section 14 and Section 151. The Supreme Court of Pakistan addressed an appeal concerning the time limits for filing a Letters Patent Appeal. The case highlighted that the limitation period is continuous and cannot be interrupted by actions such as filing a review application. The Court's examination of previous judgments, including Ahmad Din v. Rasul Bibi and Zahur Elahi v. Fazalur Rehman, reinforced the principle that once the time for filing has begun to run, it does not stop. The decision clarified procedural aspects regarding the timing of appeals and the necessary documentation required for filing. This ruling is significant for legal practitioners as it delineates the boundaries of the limitation period under the law, ensuring that litigants are aware of the strict timelines involved in legal proceedings. Keywords such as 'Limitation Act', 'Letters Patent Appeal', and 'Supreme Court of Pakistan' are crucial for understanding the implications of this decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI, C.J.,
MUHAMMAD AKRAM, JUSTICE,
MUHAMMAD HALEEM, JUSTICE
|
| Lawyers |
M.B.Zaman, Senior Advocate,
Bashir Zafar, Advocate,
M.A.Qadri, Advocate-on-Record for Appellants,
Gulnawaz Ahmad Khan, Advocate,
Akhtar Ali Advocate-on-Record for Respondent No.4
|
| Petitioners |
KHAWAJA MUHAMMAD AFZAL AND ANOTHERS
|
| Respondents |
SH.MUHAMMAD SADIQ AND OTHERS
|
| Citations |
1988 SLD 2955,
1988 SCMR 179
|
| Other Citations |
Muhammad Sadiq v. Kh. Mohammad Afzal 1987 C L C 2018,
Ahmad Din v. Rasul Bibi P L D 1968 S C 213,
Zahur Elahi v. Fazalur Rehman 1969 S C M R 274
|
| Laws Involved |
Limitation Act, 1908
|
| Sections |
14,
151
|