Pakistan Case Law
1999 SCMR 2658

Messrs KASHIF STEEL INDUSTRIES vs WAPDA and others

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Citation1999 SCMR 2658
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 1463-L of 1998
Date1998-11-17
Judge(s)Irshad Hasan Khan and Raja Afrasiab Khan
Authored byIrshad Hasan Khan
ResultOrder accordingly
Summary

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by Messrs Kashif Steel Industries against WAPDA and others. Despite numerous opportunities granted by the court office, the petitioner failed to file legible copies of dim papers. The core legal question concerns the consequence of failing to remove office objections regarding defective documentation in a petition for leave to appeal. The Supreme Court decided to grant a final indulgence of fifteen days to the petitioner for filing better copies, subject to the condition of depositing a cost of five thousand rupees into the general account of the Supreme Court Bar Association within the stipulated timeframe. The key principle laid down is that procedural defaults in supplying legible paper books may be condoned conditionally with costs to ensure compliance with court directions.

Questions settled in this judgment
  • What consequence follows the failure to file legible copies of dim papers in a petition for leave to appeal?
  • Can the Supreme Court grant additional time to file better copies subject to the payment of costs?
petition for leave to appealdim papersoffice objectionsprocedural compliancecosts

ORDER

1. ' IRSHAD HASAN KHAN, J.---Despite number of opportunities afforded to the petitioner by the office to file better copies of the dim papers in the petition for leave to appeal, he has failed to do so. After hearing the learned counsel for the petitioner, we are inclined to grant fifteen days to the petitioner for filing the better copies of the dim papers subject to the payment of cost of Rs,5,000 to be deposited in the general account of the Supreme Court Bar Association within fifteen days from today. Copy of this order shall be transmitted to the President of the said Association.

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