SCMR 2006

2006 PLP 922 (SCMR)

SECRETARY, HOUSING AND PHYSICAL PLANNING DEPARTMENT, LAHORE and others — Petitioners Versus MUHAMMAD SADIQ and others-respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petitions Nos. 967-L/2002 and 3543-L of 2001, decided on 18th April, 2003.
Honorable Judges
Munir A. Sheikh and Faqir Muhammad Khokhar, JJ
Case Reference Summary (AEO Optimized)
Citation 2006 PLP 922 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Munir A. Sheikh and Faqir Muhammad Khokhar, JJ
Parties SECRETARY, HOUSING AND PHYSICAL PLANNING DEPARTMENT, LAHORE and others — Petitioners Versus MUHAMMAD SADIQ and others-respondents
Primary Law (a) Constitution of Pakistan (1973), (b) Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2006 PLP 922 (SCMR)?

This judgment primarily cites: (a) Constitution of Pakistan (1973), (b) Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2006 PLP 922 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh and Faqir Muhammad Khokhar, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2006 PLP 922 (SCMR) (SECRETARY, HOUSING AND PHYSICAL PLANNING DEPARTMENT, LAHORE and others — Petitioners Versus MUHAMMAD SADIQ and others-respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(a) Constitution of Pakistan (1973) (b) Constitution of Pakistan (1973)

Representation

  • Muhammad Anwar Ghuman, Advocate Supreme Court for Petitioners (in C.P.No.967-L of 2002).
  • Ch. Ghulam Qadir, Advocate Supreme Court and Faiz-ur-Rehman Advocate-on-Record for Respondents Nos. 7, 9, 10 and 100 (in C.P. No.967-L of 2002).
  • Muhammad Rashid Ahmed, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners (in C.P. No.3543-L of 2001).
  • Ch. Ghulam Qadir, Advocate Supreme Court and Faiz-ur-Rehman, Advocate-on-Record for Respondents Nos.15, 31, 33 and 115 (in C.P. No.3543-L of 2001).
  • Gosi Muhammad Din, Ch., Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for Respondent No.175 (in G.P. No.3543-L of 2001).
  • Date of hearing: 18th April, 2003.

Headnotes / Summary

Art. 185(3)

Supreme Court Rules, 1980, O.XIII, R.1-Petition for leave to appeal barred by 143 days

Condonation of delay

Plea of Secretary, Housing Department for delay was that on account of implementation of devolution of power plan, office of Commissioner at Divisional level was abolished

Validity

Such ground was not sufficient for extension of time as Commissioner had said nothing in that behalf

Supreme Court dismissed petition as barred by time and refused leave to appeal.

Art.185(3)

Supreme Court Rules, 1980, O.XIII, R.1

Petition for leave to appeal barred by 8 days

Condonation of delay

Plea of Secretary, Housing Department was that due to unavoidable circumstances and administrative reasons, file of case could not be handed over to its counsel

Validity

Such ground was not a reasonable ground for extension of time

Supreme Court dismissed petition as barred by time and refused leave to appeal.

Judgment & Decree

MUNIR A. SHEIKH, J.

By this common judgment, we propose to decide both these petitions involving identical questions of facts and law.

2. C.P. No.967-L of 2002 is barred by 143 days. An application has been made for extension of time under the Supreme Court Rules, 1980 on the ground that on account of implementation of the devolution of power plan, the office of the Commissioner at Divisional level was abolished, therefore, the petition could not be filed within the period of limitation.

3. We are afraid, if this could be a ground muchless sufficient ground for extension of time, for Commissioner in matter of filing a petition before this Court with reference to its subject-matter had no say.

4. The connected C.P. No.3543-L of 2001 is barred by 8 days. In the application made for extension of time, the only reason given is that for certain unavoidable circumstances and administrative reasons, the petitioner had not been able to place the file in the office of its counsel well within time which is regretted.

5. In our view, this too is not a ground muchless reasonable ground for extension of time.

6. The applications moved in both the petitions for extension of time are hereby dismissed, consequently the main petitions are also dismissed as barred by time and leave refused. S.A.K. /S-316/SC?????????????????????????????????????????????????????????????????????????????????????????? Leave refused.