| Case ID |
374594e2-f79c-4acc-a525-fb13f7dc93e5 |
| Body |
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| Case Number |
117-D of 1969 |
| Decision Date |
May 29, 1970 |
| Hearing Date |
|
| Decision |
The petition for special leave to appeal is dismissed as being barred by time. The petitioner failed to adequately explain the delay of 20 days in filing the petition. The only reason given was an erroneous belief regarding the start of the limitation period, which was found to be incorrect. The court clarified that the time for filing begins from the delivery of judgment, and the petitioner had ample time to submit the petition after receiving the certified copies of the decree. The court did not find satisfactory explanations for the delays, particularly after the certified copy was received. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 117-D of 1969, the Supreme Court of Pakistan dealt with the issue of limitation in filing a petition for special leave to appeal. The court emphasized that the time for filing begins from the date of delivery of the judgment, not from the signing of the decree. The petitioner was unable to justify the delay in filing the petition, which was dismissed as barred by time. This case highlights the importance of understanding the correct timelines for filing petitions in civil matters, particularly under the Limitation Act. Legal practitioners must ensure they are well-informed about the procedural requirements to avoid unnecessary delays. The court's ruling serves as a reminder for advocates to provide compelling justifications for any delays in their filings to secure the best outcomes for their clients. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED, J
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1971 SLD 126,
1971 SCMR 54
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
5
|