Pakistan Case Law
2017 P.S.C. 623

GuI Zaman vs Pakistan Rangers Sindh and others

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Citation2017 P.S.C. 623
CourtSupreme Court of Pakistan
Case No.Civil Revision No, 456-K of 2015
Date2016-03-30
Judge(s)Khilji Arif Hussain, Faisal Arab
ResultPetition dismissed
Summary

This matter came before the Supreme Court of Pakistan as a petition for leave to appeal. The primary legal questions addressed by the Court were whether a petition filed with a delay of one day could be condoned based on an assertion of a technical computer error, and whether the petition could proceed in the absence of instructions from the petitioner. The Court held that the explanation provided for the delay—a technical error of the computer—did not constitute a valid or sufficient ground for condonation of delay. Consequently, the application seeking condonation of delay was dismissed as misconceived. Furthermore, the Court observed that the learned counsel for the petitioner had no contact with the petitioner for six months and lacked fresh instructions to pursue the matter. Accordingly, the Court dismissed the petition on the dual grounds of being barred by time and for lack of instructions. The judgment reinforces the principle that procedural delays require substantive justification and that legal representation requires active, current instructions from the client to maintain the viability of a petition.

Questions settled in this judgment
  • Does a claim of a technical computer error constitute a valid ground for the condonation of a one-day delay in filing a petition?
  • Can a petition be dismissed when the petitioner's counsel lacks instructions to pursue the matter?
condonation of delaylimitationprocedural lawdismissal for non-prosecutionlegal representation

ORDER

1. ' FAISAL ARAB, J. --- Learned counsel for the petitioner states that he has no contact with the petitioner for the last six months, therefore, he has no fresh instructions to pursue this matter. Even otherwise, this petition is barred by 1 day and the only ground mentioned in C.M.A. No, 695K/2015 seeking condonation of delay is that the delay occurred due to technical error of computer. This is no ground to seek condonation. C.M.A. No, 695-K/2015 being misconceived is dismissed. This petition is dismissed for lack of instructions as also being barred by time.

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