FEDERATION OF PAKISTAN through Secretary, Ministry of Defence, Government of Pakistan and others vs Messrs REHAN CONSTRUCTION COMPANY
This petition for leave to appeal was filed by the Federation of Pakistan against an order of the Lahore High Court, which had dismissed the petitioner's Regular Second Appeal in limine. The underlying matter involved a civil dispute where the trial court's judgment was challenged in a first appeal. The Additional District Judge had dismissed that first appeal on the grounds of being time-barred and for the non-payment of court fees, despite sufficient notice being provided to the petitioners. The High Court subsequently upheld these concurrent findings. The core legal question before the Supreme Court was whether there were sufficient grounds to interfere with the concurrent findings of the lower courts regarding the dismissal of the appeal due to procedural defaults. The Supreme Court held that the petitioners failed to demonstrate any illegality or substantial question of law arising from the proceedings. Consequently, the Court refused leave to appeal, affirming that in the absence of valid legal grounds, the petition lacked merit and the lower court's dismissal of the appeal due to time-bar and non-payment of court fees was maintained.
- Can the Supreme Court interfere with concurrent findings of lower courts where an appeal was dismissed due to being time-barred?
- Is the dismissal of an appeal for non-payment of court-fee after sufficient notice a valid ground for upholding a lower court's decision?
ORDER
' ZIA PERWEZ, J.--- This petition for leave to appeal is directed against the order, dated 2-4-2008 of the learned Single Judge, Lahore High Court, Rawalpindi Bench in Regular Second Appeal No,4 of 2008, whereby the appeal was dismissed in limine and the judgments and decrees of the two Courts below are upheld.
2. After hearing the learned D.A.-G. For the petitioners, we do not find any ground calling for interference in the impugned order, whereby the delay in filing the first appeal against the judgment of the trial Court followed by the order of the learned Additional District Judge in Civil Appeal No,163 of 2007 dated 10-11-2007 dismissing the appeal on the grounds of being time-barred and for non-payment of court-fee even after sufficient notice. The said judgment was maintained by the learned Single Judge of the High Court and the aforesaid R.S.A. No,4 of 2008 was dismissed.
The learned D.A.-G. Has not been able to make out a case of any illegality or question of law arising out of the proceedings and in the absence of any ground, the present petition is devoid of any merit.
3. Accordingly, leave to appeal is refused and the petition is dismissed. 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.