Pakistan Case Law
1970 SCMR 25

MUHAMMAD ISMAIL AND 20 OTHERS vs Mst. NAWAB BIBI AND Other

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Citation1970 SCMR 25
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 199 of 1967 Civil Miscellaneous
Judge(s)A. R. Cornelius, C. J. and Fazle‑Akbar
Authored byFazle‑Akbar
ResultPetition dismissed
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 presented was whether the petition could be entertained despite a significant delay in filing. The Court examined the limitation period applicable to the filing of the petition and determined that the petition was barred by time by 367 days. Consequently, the Court held that the petition could not be adjudicated upon its merits due to this procedural defect. The decision reinforces the fundamental legal principle that strict adherence to statutory limitation periods is mandatory for the maintainability of legal proceedings. As the petition was filed well beyond the prescribed time limit without sufficient justification provided to condone such a substantial delay, the Court dismissed the petition as time-barred, thereby affirming that procedural compliance regarding limitation is a prerequisite for the exercise of appellate jurisdiction.

Questions settled in this judgment
  • Can a petition for leave to appeal be entertained if it is filed 367 days beyond the limitation period?
limitationtime-barredpetition for leave to appealprocedural delaydismissal

1. FAZLE-AKBAR, J.-This petition is barred by time by 367 days.

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

Cited by 1 case

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