| Case ID |
d38722b2-0aae-44ae-8de4-0a97b8b460f8 |
| Body |
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| Case Number |
Civil Petition No.10n-P of 1987 |
| Decision Date |
Jul 02, 1989 |
| Hearing Date |
|
| Decision |
The N.-W.F.P: Service Tribunal Peshawar dismissed the appeal of the petitioner on the ground that the appeal filed before it was barred by one day and that no application under Section 5 of the Limitation Act for condonation of this delay had been filed by him. The petitioner, in this petition for leave to appeal, has challenged the aforesaid order of the Service Tribunal. We have heard the petitioner who has appeared before us in person. Unfortunately, he has not been able to show that the Tribunal was in error in holding the appeal to be barred by one day or in observing that no application for condonation of delay was filed on the basis of which the delay might be condoned. No ground for interference, therefore, is made out. Dismissed. Leave refused. |
| Summary |
In this notable case before the Supreme Court of Pakistan, the petitioner, Sher Bahadur, sought leave to appeal against the decision rendered by the N.-W.F.P: Service Tribunal Peshawar. The Tribunal had dismissed his appeal on the basis of a one-day delay, without a filed application for condonation of delay under Section 5 of the Limitation Act. The decision emphasized the importance of adhering to procedural requirements in legal proceedings, particularly in relation to time limits for appeals. The case highlights the challenges petitioners may face when procedural missteps occur, underscoring the critical need for legal representation and understanding of court protocols. The ruling reinforces the judiciary's stance on the necessity of timely appeals and the implications of failing to comply with established legal frameworks. This case serves as a reminder of the rigorous standards upheld by the courts in Pakistan regarding appeals and the consequences of procedural errors. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S.USMAN ALI SHAH
|
| Lawyers |
Mian Muhammad Ajmal, Assistant Advocate-General N.W.F.P.,
Nur Ahmad Khan, Advocate-on-Record
|
| Petitioners |
SHER BAHADUR
|
| Respondents |
THE GOVERNMENT OF N.W.F.P.,
Secretary for Agriculture
|
| Citations |
1990 SLD 1147,
1990 SCMR 1519
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.212(3)
|