Pakistan Case LawSAIRA HASHIM Versus Mian SHAMSUL HAQ and 11 others
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal which is stated to be barred by 213 days. The core legal question concerns whether leave to appeal should be granted despite a significant delay in filing when leave has already been granted in a connected petition arising from the same impugned judgment of the Peshawar High Court. The court held that leave is to be granted in the present case while explicitly leaving the question of limitation open for consideration and final decision at the hearing of the appeal. The key principle laid down is that where leave has already been granted in a connected petition challenging the same judgment, leave may also be granted in a time-barred petition with the limitation issue deferred to the final hearing stage.
- Whether leave to appeal can be granted in a time-barred petition when leave has already been granted in a connected petition?
- Can the question of limitation be left open for consideration at the final hearing of an appeal?
ORDER
ZIA MEHMOOD MIRZA, J.---This petition is stated to be barred by 213 days. Learned counsel for the petitioner has submitted that leave has already been granted in the connected Petition (C.P. No, 594/93) directed against the judgment of the Peshawar High Court dated 21-11-1993 impugned in the present petition. Copy of the leave-granting order has been placed on the present record. In the circumstances, leave is also granted in this case leaving the question of limitation open to be considered/decided at the final hearing.
Cited by 1 case
- 1996 PTD 808 1996 PTD 808
Judges on this bench
- Irshad Hasan Khan1,063 judgments
- Zia Mahmood Mirza694 judgments