Pakistan Case Law
1970 SCMR 66

Haji REHMAT ULLAH vs SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE AND Another

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Citation1970 SCMR 66
CourtSupreme Court of Pakistan
Judge(s)S. A. Rahman and Fazle‑Akbar
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan as a petition for leave to appeal. The core legal question addressed by the Court concerned the maintainability of the petition in light of the limitation period prescribed for filing. Upon reviewing the record, the Court observed that the petition was filed with a significant delay of 167 days beyond the statutory period allowed for such filings. Consequently, the Court held that the petition was time-barred and could not be entertained. The principle laid down by the Court is that a petition filed beyond the prescribed period of limitation, without sufficient cause or condonation, is liable to be dismissed on the ground of being time-barred. The Court did not delve into the merits of the underlying dispute regarding the Settlement and Rehabilitation Commissioner's decision, as the procedural bar of limitation was dispositive of the matter. The petition was accordingly dismissed.

Questions settled in this judgment
  • Is a petition for leave to appeal filed 167 days late maintainable?
  • What is the consequence of filing a petition beyond the statutory period of limitation?
limitationtime-barredpetition for leave to appealprocedural bardismissal

1. FAZLE-AKBAR, J -This petition is barred by time by 167 days.

2. This petition is accordingly dismissed as time-barred.

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