MUHAMMAD SAFDAR vs ASSISTANT REGISTRAR, SUPREME COURT, LAHORE
This appeal was filed before the Supreme Court of Pakistan under the Supreme Court Rules, 1980. The core legal question addressed was whether an appeal filed beyond the prescribed period of limitation could be entertained in the absence of a formal application for condonation of delay. The Supreme Court held that the appeal was barred by limitation by a period of six days. Given that the petitioner failed to file any application seeking condonation of this delay, the Court determined that it could not exercise its discretion to extend the time. Consequently, the Court dismissed the appeal as time-barred, with no order as to costs. The principle laid down is that the Court cannot condone a delay in filing an appeal where the appellant has failed to formally move an application for such condonation, thereby rendering the appeal liable to dismissal on the grounds of limitation.
- Can an appeal be entertained by the Supreme Court if it is filed beyond the limitation period without an application for condonation of delay?
- Is a formal application for condonation of delay required when an appeal is filed after the expiry of the limitation period?
- Order V Rule 3, Supreme Court Rules 1980
ORDER
1. This appeal has been filed under Order V, rule 3 of Supreme Court Rules, 1980. The appeal is barred by 6 days. No application for condonation of delay has been filed by the petitioner. Accordingly the appeal is dismissed as barred by limitation but with no order as to costs.
Cited by 2 cases
- Mian Muhammad vs Mr. Abdul Sattar Khan, Advocate 2019 CLC 160, 2018 PHC 1715
- PROVINCE OF SIND Versus MUHAMMAD NAWAB 1989 CLC 2110