| Case ID |
e1ce7c5a-d17a-4d8a-800f-a2b24403dafe |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 122 |
| Decision Date |
May 22, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal in this case, recognizing the complexities surrounding the limitation period for filing a special leave to appeal. The court found that the petitioner's claim regarding the period spent on a review application was a valid concern that warranted further examination. The court highlighted the importance of understanding whether the Limitation Act applied to constitutional petitions and the implications of the Law Reforms Ordinance on abatement in such cases. The decision emphasized the need for clarity on legal principles related to abatement and substitution in petitions, ultimately deciding to allow the appeal for a comprehensive review of the legal issues raised. |
| Summary |
The case revolves around the interpretation of limitation laws and the procedural intricacies involved in filing petitions for special leave to appeal in Pakistan. The Supreme Court of Pakistan was approached to determine whether the petitioner could claim a deduction of the time spent on a review application before filing the special leave petition. The case examined the applicability of the Limitation Act to constitutional petitions and the implications of the Law Reforms Ordinance on cases of abatement. Legal questions regarding the interpretation of various sections of the Limitation Act, Civil Procedure Code, and their effect on constitutional matters were central to the court's deliberation. This decision is significant for practitioners navigating the complexities of limitation and procedural law in Pakistan, particularly concerning the rights of petitioners and the obligations of courts to ensure justice is served without undue hindrance. The court's ruling is poised to impact future cases where similar legal questions arise, making it a crucial reference point for legal scholars and practitioners alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN AHMED,
ANWARUL HAQ
|
| Lawyers |
Sh. Ghias Muhammad,
Ch. Masud Zakaria,
Khawaja Wali Muhammad,
S.M. Zafar,
Abid Hassan,
Qadir Bakhsh,
S. Inayat Hussain
|
| Petitioners |
Ch. SHAFQAT ALI
|
| Respondents |
Rao ABDUS SATTAR
|
| Citations |
1987 SLD 580,
1987 SCMR 1531
|
| Other Citations |
Hussain Bakhsh v. Settlement Commissioner and others PLD 1970 SC 1,
Noor Ahmad and others v. Chattomal Gurmukhdas and others A I R 1934 Sind 36,
Ghulam Haider v. Met. Raj Bhari and others P L D 1973 Lah. 372,
PLD 1969 SC 599
|
| Laws Involved |
Limitation Act (IX of 1908),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
5,
185(3),
XXII, Rr. 3(2),
XXII, Rr. 4
|