Syed AZIZ UR RAHMAN vs Mst. HABIB BANO AND 5 Other
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan. The primary procedural issue addressed by the Court involves a reported delay of seven days, rendering the petition prima facie time-barred. Upon examination of the certified copy of the order under appeal, the Court observed that the dates regarding the preparation and delivery of the copy appeared to have been corrected and overwritten. Consequently, the Court declined to dismiss the petition on the ground of limitation at this preliminary stage. Instead, the Court exercised its discretion to grant leave to appeal, explicitly leaving the question of limitation open for a definitive decision at the final hearing, should an objection be raised by the opposing party. Additionally, the Court directed the petitioner to furnish security in the amount of Rs. 1,000 and ordered the continuation of the stay regarding the delivery of possession of the property in dispute, thereby maintaining the status quo pending the final adjudication of the appeal.
- Can the Supreme Court grant leave to appeal while leaving the question of limitation open for future determination?
- Does the presence of overwritten dates on a certified copy of an order necessitate immediate dismissal of a petition on limitation grounds?
ORDER
1. CORNELIUS, C. J.-The office reports that this petition is time-barred by 7 days, but on examining the stamp on the copy of the order sought to be appealed against, we find that the dates of preparation and delivery have been corrected and over--written, and we accordingly leave the question open for decision at the hearing, in case objection is taken on the point.
2. We accordingly grant leave to appeal as prayed. Security-- Rs. 1,000. Stay of delivery of possession to continue.