Pakistan Case Law
1987 SCMR 1756(2)

Malik GHULAM NABI And Others vs DUR MUHAMMAD And Other

⭐ Prefer in Google
Citation1987 SCMR 1756(2)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.4-Q of 1987
Date1987-04-12
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultPetition dismissed
Summary

This matter came before the Supreme Court of Pakistan in the form of a petition for leave to appeal. The core legal question addressed by the Court was whether the petition, which was filed with a significant delay of 258 days, could be entertained or if it should be dismissed on the grounds of limitation. Upon reviewing the circumstances presented, the Court determined that the petitioners failed to provide any valid or sufficient justification to warrant the condonation of such a substantial delay. Consequently, the Court held that the petition was time-barred and could not be proceeded with. The ratio of the decision reinforces the strict principle that the law of limitation is to be applied rigorously, and in the absence of a satisfactory explanation for delay, the Court will not exercise its discretion to condone it. As a result, the petition was dismissed as barred by time, affirming the necessity for timely filing in legal proceedings to ensure judicial finality and adherence to procedural mandates.

Questions settled in this judgment
  • Can a petition for leave to appeal be entertained if it is filed with a delay of 258 days without valid justification?
  • Is the court required to condone delay in filing a petition when no valid grounds are established?
limitationcondonation of delaytime-barred petitionleave to appealprocedural law

ORDER

1. ABDUL KADIR SHAIKH, J.-- This petition is time-barred by 258 days, and no valid ground is made out for the condonation of the delay. The petition is therefore dismissed as barred by time.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.