Pakistan Case Law
1987 SCMR 1878

SHER MUHAMMAD Versus TAJ MUHAMMAD SHAH

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Citation1987 SCMR 1878
CourtSupreme Court of Pakistan
Case No.Civil Miscellaneous Petitions Nos. 750 to 758 of 1985 in Civil Petition for Special Leave to Appeal Nos. 255 and 370 to 377 of 1980
Date1987-05-17
Judge(s)Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan
Authored bySaad Saood Jan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns petitions for restoration which were filed with a delay of 49 days. The core legal question before the Supreme Court was whether sufficient grounds existed to justify the condonation of this delay under the relevant legal framework for restoration petitions. Upon hearing the arguments presented by the learned counsel for the parties, the Court determined that the applicants failed to demonstrate any valid or satisfactory justification for the delay. Consequently, the Court held that no case for condonation of delay had been established. The petitions were dismissed on the basis that the delay remained unexplained and unexcused. The principle reaffirmed is that a party seeking restoration of a petition after the expiry of the limitation period bears the burden of providing a satisfactory explanation for the delay, and in the absence of such justification, the court will not exercise its discretion to condone the lapse.

Questions settled in this judgment
  • Does a delay of 49 days in filing a restoration petition warrant condonation without a satisfactory explanation?
  • Is the burden of proof on the applicant to justify the condonation of delay in restoration proceedings?
restoration petitioncondonation of delaylimitation perioddismissal of petitionprocedural law

ORDER

1. SAAD SAOOD JAN, J. --These petitions for restoration are barred by 49 days. After hearing the learned counsel for the parties, we are not satisfied that any case for condonation of the delay has been made out. These petitions are accordingly dismissed.

2. S.Q. /S-57/S Petition dismissed.

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