Pakistan Case Law
1987 SCMR 1757(1)

DEPUTY COMMISSIONER, KACHHI And Others vs ABDUL KARIM

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Citation1987 SCMR 1757(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.16-Q of 1987
Date1987-04-22
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultPetition dismissed
Summary

This matter came before the Supreme Court of Pakistan as a petition for leave to appeal. The core legal question addressed by the Court was whether the petition, which was filed beyond the prescribed period of limitation, could be entertained. Upon review, the Court observed that the petition was time-barred by a period of eight days. Furthermore, the Court determined that the petitioners failed to provide any valid or sufficient grounds to justify the condonation of this delay. Consequently, the Court held that the petition could not be admitted for hearing. The ratio of the decision reinforces the principle that strict adherence to limitation periods is mandatory for the filing of legal proceedings and that a petition filed out of time without a valid, substantiated explanation for the delay must be dismissed. The Court accordingly dismissed the petition on the grounds of limitation.

Questions settled in this judgment
  • Can a petition be entertained if it is filed beyond the statutory period of limitation without valid grounds for condonation?
  • Is a delay of eight days in filing a petition sufficient to warrant dismissal if no valid explanation is provided?
limitationcondonation of delaytime-barred petitionleave to appealprocedural law

ORDER

1. ABDUL KADIR SHAIKH, J.--This petition is time-barred by 8 days and no valid ground for the condonation of the delay is made out. The petition is therefore dismissed,

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