PAKISTAN vs MUHAMMAD ABDULLAH BAJWA
This matter concerns a petition for Leave to Appeal filed by the Federation of Pakistan against a judgment of the Services Tribunal. The core legal question involves the computation of the limitation period for filing such a petition under Article 212(3) of the Constitution of Pakistan 1973. The petitioner contended that the 50-day period taken by the Tribunal to transmit a copy of the judgment to the department should be excluded from the limitation period under Section 12 of the Limitation Act 1908. Conversely, the respondent argued that Section 12 only permits the exclusion of time 'requisite for obtaining' a copy, and that the petition was filed beyond the prescribed 60-day limit. The Court, without reaching a final holding on the merits, identified that the matter required further consideration regarding the interpretation of Section 12 of the Limitation Act 1908 and the Supreme Court Rules. Consequently, the Court directed the Advocate General for Punjab to assist in resolving the dispute regarding the computation of time for filing the petition.
- Does the time taken by a Services Tribunal to provide a copy of its judgment to a department qualify as 'time requisite for obtaining a copy' under Section 12 of the Limitation Act 1908?
- Is the period of limitation for filing a petition for Leave to Appeal under Article 212(3) of the Constitution of Pakistan 1973 computed from the date of the announcement of the judgment or from the date of receipt of the certified copy?
- Can the time spent by a department waiting for a Tribunal to send a judgment copy be excluded from the limitation period prescribed by the Supreme Court Rules?
- Rule 21, Services Tribunals (Procedure) Rules, 1975
- Order XXIV Rule 1, Supreme Court Rules
- Article 212(3), Constitution of Pakistan 1973
- Order I Rule 4, Supreme Court Rules
- Section 12, Limitation Act 1908
ORDER
1. ASLAM RIAZ HUSSAIN, J.--This petition by Federation of Pakistan is directed against the judgment of the Services Tribunal, dated 27-1-1982, whereby it accepted the appeal of the respondent.
2. According to the Office Note the petition is barred by 13 days. The learned counsel for the petitioner, however, submitted that the petition was filed within the prescribed time. He pointed out that the impugned judgment was rendered by the Services Tribunal on 27-1-1982. At the end of the judgment the learned Tribunal was pleased to give the following direction :- "Parties to be informed accordingly."
3. This direction was given by the Tribunal in view of the mandatory provisions of Rule 21 of the Services tribunals (Procedure) Rules, 1975, which reads as follows :- "A copy of every order of final adjudication on an appeal shall be furnished by a Tribunal, free of costs, to the competent authority concerned."
4. The record of the concerned Department shows that the certified copy of the impugned judgment was received by it on 18-2-1982, i. e. after 50 days of the announcement of judgment.
5. According to the provisions of rule 1 of Order XXIV of the Supreme Court Rules, the period for filing a petition for Leave to Appeal under Article 212(3) of the Constitution, is prescribed as 60 days. Rule 4 of Order I of the Supreme Court Rules, provides as follows; "Where any particular number of days is prescribed by these rules, the same shall be computed in accordance with the provisions of the Limitation Act, 1908."
6. By virtue of this rule, provisions of section 12 of the Limitation Act become applicable for calculating period of limitation for filing a petition for Leave to Appeal, inter alia. In service matters, in the Supreme Court of Pakistan. Section 12 of the Limitation Act prescribes the method of computation of the period of this section reads as follows :- "S. 12.-(1)------------------------------------------------------.
(2) In computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of judgment, the day on which the judgment complained of was pronoun--ced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed, shall be excluded."
(3) & (4)--------------------------------------------- '
7. The appeal was filed by the Government in the present case, on 13-4-1982,1 i. e. After 76 days of the announcement of the judgment and 54 days after the receipt of the certified copy of the said judgment sent by the Tribunal.
8. According to the learned counsel for the petitioner, the period of 50 days (spent on- receiving the said judgment by the Department) has to be deducted from 76 days as required by section 12 of the Limitation Act and as such the appeal which was filed after 26 days of the receipt of the certified copy of the judgment, was well within the prescribed time.
9. The learned respondent-caveator, on the other hand, submitted that the period has to be computed from the date of the announcement of the judgment by the Tribunal and admittedly the petitioner received certified copy of the judgment after 50 days on 18-2-1982, when 10 days were still available to it for the presenting the petition within 60 days, yet it slept over the matter and filed the petition on 13-4-1982, i. e. after lapse of 76 days and it was thus already barred by time. He also submitted that section 12 of the Limitation Act permits deduction of the time spent in obtaining certified copy of a judgment and makes no provision for the period taken in receiving the same from the Court and as such the provisions of section 12 of the Limitation Act are not attracted to the present case.
10. In the alternative he argued that even if the provisions of section 12 of the Limitation Act are applicable, the petition is time barred. He submitted that the Tribunal rendered its judgment on 27- 1-1982; the Department applied for certified copy of the said judgment on 31=1-1982; the certified copy thereof was ready on 2-2-1982 and was received the same day ; and the petition for Leave to Appeal was filed on 13-4-1982. Period of 3 days was spent for obtaining the said copy. According to calculations the petition is barred by as many as 13 days.
11. The matter needs consideration. Let notice be given to the Advocate General for Punjab to assist the Court on the next date of hearing for further consideration of the matter.