MUHAMMAD ISMAIL AND 20 OTHERS vs Mst. NAWAB BIBI AND Other
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.
- Can a petition for leave to appeal be entertained if it is filed 367 days beyond the limitation period?
1. FAZLE-AKBAR, J.-This petition is barred by time by 367 days.
2. This petition is accordingly dismissed as time-barred.