NATIONAL LOGISTIC CELL vs RUKHSANA PARVEEN NAZEER and another
This matter arises from a petition directed against a Division Bench judgment of the Sindh High Court modifying a decree passed under the Fatal Accidents Act, 1855, by enhancing compensation awarded to the respondent widow. The core legal question considered by the Supreme Court was whether a petition filed instead of a direct appeal under Article 185(2)(d) and (e) of the Constitution could be converted into an appeal when such conversion would render the appeal time-barred and no explanation for the delay was provided. The Supreme Court held that the petition was incompetent and not maintainable at law because conversion into an appeal would be barred by limitation with an unexcused delay. The key principle laid down is that a petition improperly filed in place of a direct appeal cannot be converted into an appeal when it is barred by time and lacks any explanation for the delay.
- Can a petition filed instead of a direct appeal be converted into an appeal when it is barred by time?
- Whether a petition filed without accounting for inordinate delay in filing is maintainable at law?
- Fatal Accidents Act, 1855
- Article 185(2)(d), Constitution of Pakistan 1973
- Article 185(2)(e), Constitution of Pakistan 1973
- Order XII Rule 2, Pakistan Supreme Court Rules, 1980
ORDER
RANA BHAGWANDAS, J.--- This petition is directed against Division Bench judgment of Sindh High Court dated 4-6-2004 substantially modifying the judgment and decree passed by a learned Single Judge in a suit awarding compensation under the provisions of Fatal Accidents Act, 1855.
2. While learned Single Judge at the conclusion of the trial had awarded compensation to the tune of Rs,2,08,000, in High Court appeal by the respondent widow of deceased Division Bench on reappraisal of evidence and re-evaluation of record enhanced the compensation to Rs,8,00,000 vide judgment, dated 4-6-2004.
3. In terms of Article 185(2)(d) and (e) of the Constitution a direct appeal as of right would be competent before this Court but instead of C.P.L.A. Has been filed on 2-8-2004. Under Order XII, rule 2 of the Pakistan Supreme Court Rules, 1980 memo. Of appeal is required to be filed within 30 days from the date of grant of certificate by the High Court or from the date of impugned judgment, decree or final order of the High Court. We have considered the question of converting this petition into appeal. Evidently present petition cannot be converted into an appeal as in that event it would be barred by 29 days. Indeed no effort was made for conversion of petition into appeal and no endeavour was made to account of inordinate delay in the memo. Of petition.
4. In the circumstances, the petition is dismissed as incompetent and not maintainable at law. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 2 cases
- Mst. GUL JAN Versus NAIK MUHAMMAD 2012 PLD 421
- MUHAMMAD HUSSAIN Versus Dr. ZAHOOR ALAM 2010 SCMR 286