| Case ID |
d7dd9a4d-217a-426a-8822-e9e16540f38d |
| Body |
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| Case Number |
Civil Appeal No. 21 of 1967 |
| Decision Date |
Jun 19, 1973 |
| Hearing Date |
Jun 18, 1973 |
| Decision |
The Supreme Court allowed the appeal, stating that the admitting Bench had been conscious of the office-note regarding limitation when it directed the appeal for hearing. The Court held that the word 'however' indicated that the delay had been condoned. The Court emphasized the need to afford the appellant an opportunity to explain any delay in filing the appeal, particularly given the circumstances surrounding the High Court's closure for summer vacation. The decision highlighted that the time spent in obtaining copies of necessary documents should be excluded from the limitation period, and therefore, the appeal was not barred by limitation. |
| Summary |
In the case of Civil Appeal No. 21 of 1967, the Supreme Court of Pakistan addressed the issue of limitation in Letters Patent appeals. The Court emphasized the importance of understanding the context of the admitting Bench's order, particularly the use of the word 'however,' which indicated an awareness of the delay and implied condonation. The Court ruled that the appellant should have been given a chance to explain any delays due to the High Court's summer vacation. This case underscores the relevance of procedural fairness and the importance of clear communication from court officials regarding timelines for obtaining copies of judgments. The decision is significant for legal practitioners dealing with appeals and limitation issues, particularly in the context of the Letters Patent and the Limitation Act. It serves as a precedent for future cases where similar circumstances arise, emphasizing the need for courts to consider the implications of their orders on the parties involved. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR REHMAN, C.J.,
MUHAMMAD YAQUB ALL,
MUHAMMAD GUL
|
| Lawyers |
Syed Akhlaque Hussain, Senior Advocate Supreme Court,
S. M. Rashid, Advocate Supreme Court,
Yaqub Hussain Zaldi, Advocate-on-Record for Appellants,
Gut Muhammad Khan, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record for Respondent
|
| Petitioners |
Syed FAIZ ALI SHAH (REPRESENTED BY HEIRS)
|
| Respondents |
CHIEF ADMINISTRATOR OF AUQAF, LAHORE
|
| Citations |
1974 SLD 4,
1974 PLD 17
|
| Other Citations |
P L D 1964 S C 236,
P L D 1969 S C 167,
P L D 1960 Lah. 443,
A I R 1941 Lah. 257,
P L D 1967 Kar. 557
|
| Laws Involved |
Letters Patent (Lahore),
Limitation Act (IX of 1908)
|
| Sections |
Cl. 10,
r. 4,
S. 5,
S. 12
|