SADIQ MOHY UD DIN vs SECRETARY, DISTRICT ALLOTMENT COMMITTEEAND
This petition arises from an order of the High Court holding an Inter Court Appeal to be incompetent. The core legal question is whether the time spent pursuing an incompetent Inter Court Appeal can be condoned as sufficient cause under the law of limitation to file a petition for leave to appeal against the original single bench order, when a binding precedent already existed declaring such appeals incompetent. The Supreme Court held that the petition for leave to appeal is time-barred by 51 days and that the time spent on the incompetent appeal cannot be condoned, as the prior existence of the precedent negates the claim of acting in good faith. The petition was accordingly dismissed on the ground of limitation.
- Whether time spent pursuing an incompetent Inter Court Appeal can constitute sufficient cause for condonation of delay in filing a petition for leave to appeal?
- Does the existence of a prior reported precedent preclude a party from claiming good faith in pursuing a mistaken legal remedy?
ORDER
KARAM ELAHBB CHAUHAN, J.-This is a petition against an order of a Division Bench of the High Court dated 27th April, 1976, whereby an Inter Court Appeal filed by the petitioner was held as incompetent under the law relevant in this respect. The High Court in support of its view relied upon Malik Ahmad Khan v. Iqbal 1975 SCMR 275. When confronted with the above precedent the learned counsel conceded that the order of the Division Bench was correct and that be does not challenge the same as such.
2. However, he submitted that this should be treated as a petition for leave to appeal against the order of the learned Single Judge (which was challenged in 1. C. A.) dated 13th February, 1976 whereby his Writ Petition No. 773/75 was dismissed. It may be mentioned that in this respect the petition would be barred by 51 days. Learned counsel has prayed that the delay may be condoned because the petitioner had pursued the remedy of the Inter Court Appeal in good faith and the time spent therein should be allowed towards counting the limitation in the present petition.
3. We are afraid that the request cannot be acceded to in the face of the judgment of this Court in Malik Ahmad Khan v. Iqbal which already existed in the field much prior to the institution of the Inter --Court Appeal and which with little diligence could have been noticed by all concerned, for the proposition that no Inter-Court Appeal in this case could be filed. In these circumstances, the question of filing the Inter-Court Appeal in good faith does not arise and as such there exists so sufficient cause for condonation of delay.
4, The result is that this petition has no merit and is dismissed.
Cited by 2 cases
- TEHSIL MUNICIPAL ADMINISTRATION, MURREE Versus PREMIER GAS LINK, LAHORE 2012 SCMR 406
- MUHAMMADA Versus ALLAH BAKHSH 1998 CLC 757