HAFEEZ AHMED vs CIVIL JUDGE, LAHORE and others
This matter originated from a petition for leave to appeal before the Supreme Court of Pakistan, challenging proceedings related to the filing of a revision petition. The core legal question presented for the Court's consideration was whether the delay in filing a revision petition beyond the prescribed period of 90 days is absolutely barred from condonation, or if there exists judicial discretion to condone such delay under specific circumstances. Upon hearing the petitioner's counsel at length, the Supreme Court granted leave to appeal to examine the legal parameters surrounding the condonation of delay in revision proceedings. The Court did not issue a final adjudication on the merits of the underlying dispute at this stage. Instead, the Court directed the office to fix the main appeal for a final hearing based on the existing record within a period of six months, thereby deferring the final determination of the legal question regarding the condonability of the delay to the final hearing stage of the appeal.
- Is the delay in filing a revision petition beyond 90 days absolutely non-condonable?
- Does the court have the discretion to condone a delay in filing a revision petition?
ORDER
After hearing the learned counsel for the petitioner at length, we grant leave to appeal to consider, inter alia, the question whether the delay in filing a revision petition within 90 days was not condonable in any case.
2. Since short questions are involved, the office is directed to fix the main appeal for final hearing, on its present record, within a period of six months.