| Case ID |
e167f204-83b4-49da-8ba2-928387bf4d68 |
| Body |
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| Case Number |
C. P. S. L. A. No. 49 R of 1977 |
| Decision Date |
Oct 15, 1977 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, emphasizing that the petition was barred by 432 days without sufficient cause shown for the delay. The Court noted that the points urged were not raised before the lower court, and therefore could not be taken up for the first time before the Supreme Court. The review application was also dismissed as it was deemed misconceived, and the petitioners were reminded of their duty to have themselves impleaded as parties during the proceedings. Thus, the decision of the Lahore High Court was upheld. |
| Summary |
This case revolves around a petition for leave to appeal directed against the Lahore High Court's dismissal of a writ petition. The Supreme Court of Pakistan evaluated the significant delay of 432 days in filing the petition, which lacked adequate justification. The court underscored the importance of timely action in legal proceedings and reiterated that issues not raised in prior courts cannot be introduced at the Supreme Court level. The case highlights procedural aspects of law, particularly concerning petitions and review applications under the Constitution of Pakistan. Key legal principles include the need for promptness in legal action and the appropriate channels for review applications under the Civil Procedure Code. This case is relevant for understanding the judicial processes in Pakistan and the requirements for appeals and reviews in higher courts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMAD,
NASIM HASAN SHAH
|
| Lawyers |
Mian Nazir Akhtar,
Ch. Akhtar Ali
|
| Petitioners |
MUHAMMAD ANWAR ETC.
|
| Respondents |
QADIR ETC.
|
| Citations |
1978 SLD 89,
1978 SCMR 16
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|