PAKISTAN GENERAL INSURANCE Co. LTD. vs THE PROVINCE OF PUNJAB
This appeal by special leave arose from a judgment of the Lahore High Court regarding an Execution First Appeal. The appellant had sought condonation of a 206-day delay in filing the petition for leave to appeal, claiming that the High Court judgment was announced without the issuance of a cause list. Upon review, the Supreme Court examined the original register of the High Court and discovered that a cause list had indeed been issued and was duly pasted, containing the case details and the date of announcement. The core legal question was whether the order granting leave to appeal, which was predicated on an inaccurate factual representation regarding the absence of a cause list, could be sustained. The Supreme Court held that the leave to appeal was obtained based on an incorrect statement of fact. Consequently, the Court recalled the order granting leave and dismissed the appeal with costs. The principle laid down is that an order granting leave to appeal obtained through a misrepresentation of material facts is liable to be recalled.
- Can an order granting leave to appeal be recalled if it was obtained based on an inaccurate statement of fact?
- Does the failure to verify the existence of a cause list justify the condonation of a significant delay in filing an appeal?
ORDER
NASIM HASAN SHAH, J.-This appeal, by special leave, is directed against the judgment of a learned Single Judge of the Lahore High Court dated 9-11-1970, passed in Execution First Appeal No. 79 of 1969.
2. The petition for leave to appeal was barred by 206 days. The delay was condoned subject to all just exceptions, mainly on the ground that the judgment in this case, which was reserved at the conclusion of the hearing, was announced without any list having been issued for its announcement.
3. This plea, we have discovered, is not in conformity with the actual facts. We sent for the original register of the learned Judge, who heard and announced the judgment in the said register, a copy of the list is duly pasted. It is quite complete. It gives the number of the case, the names of the parties the names of the counsel for the parties and the name of the Judge before whom the matter was fixed, who, in this case, was the author of the judgment. The pertinent extract of the cause list is reproduced below: - "Daily Single Bench Cause List for 9-11-1970.
Mr. Justice Muhammad Akram.
For announcement of judgment.
(1)
(2)
(3) E. F. A. 79-62 Pakistan General Insurance Co. Ltd. v. Punjab Province.
(Ch. Fazal Din, Ch. Mehraj Din).
(4) ...
4. It is, therefore, manifest that an incorrect statement was mad when the leave petition was heard and leave was obtained and the delay condoned on account of the aforesaid inaccurate statement. The order granting leave to appeal is, therefore, liable to be recalled on this shorn ground.
5. We would, accordingly, recall the order granting leave. The result will be that the appeal will stand dismissed with costs throughout.