1968 SCMR 48 (PLP)
. W. MALIK & COMPANY THROUGH ITS SOLE PROPRIETOR A. W. MALIK-Petitioners Versus BURMAH SHELL OIL STORAGE AND DISTRIBUTING COMPANY OF PAKISTAN LIMITED-Respondent
| Citation | 1968 SCMR 48 (PLP) |
| Forum / Court | High Court |
| Bench Members | S. A. Rahman and Hamoodur Rahman, JJ |
| Parties | . W. MALIK & COMPANY THROUGH ITS SOLE PROPRIETOR A. W. MALIK-Petitioners Versus BURMAH SHELL OIL STORAGE AND DISTRIBUTING COMPANY OF PAKISTAN LIMITED-Respondent |
| Primary Law | (a) Supreme Court Rules, 1956, (b) Civil Procedure Code (V of 1904) |
Q1: What are the key laws and sections cited in 1968 SCMR 48 (PLP)?
This judgment primarily cites: (a) Supreme Court Rules, 1956, (b) Civil Procedure Code (V of 1904) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 48 (PLP)?
The case was heard and decided by the High Court bench comprising: S. A. Rahman and Hamoodur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 48 (PLP) (. W. MALIK & COMPANY THROUGH ITS SOLE PROPRIETOR A. W. MALIK-Petitioners Versus BURMAH SHELL OIL STORAGE AND DISTRIBUTING COMPANY OF PAKISTAN LIMITED-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. Javed Iqbal, Advocate Supreme Court instructed by Mushtaq Ahmad Khawaja, Senior Attorney for Petitioners.
- Nemo for Respondent.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th April 19o7 in Civil Revision No. 529 of 1966). O. XIII, r. 1-Petitkm for special leave to appeal - Limitation expiring on 8-7-67 (after start of long vacation from 1-7-67 to 2-10-67)-Submission of such petition on reopening of Court after long vacation-Whether permissible (Queare) - Limitation Act (IX of 1908), S. 4 read with Supreme Court Rules, 1956, O. r..
4. O. XXXI X-Special leave to appeal to Supreme Court sought against order of High Court declining to interfere with an order of attachment of property before Judgment-Ad interim order, however, found to have been passed after due notice to petitioner and suit still pending in trial Court-Case not fit one for grant of special leave to appeal-Petition for Leave dismissed.
Judgment & Decree
S. A. RAHMAN, J.-This petition is barred by 82 days. The pica taken is that the petitioner thought that no petition could be submitted to this Court during the long vacation which started on the 1st July 1567, and ended on the 2nd October 1967. The limitation for the submission of the petition for special leave to appeal expired on the 8th July 1567 after allowing for time spent in obtaining copy of the impugned order. The petition was, however, filed in this Court on the 27th September 1967 before the Court re-opened. This Doctor Javed Iqbal, on behalf of the petitioner, says was done by way of caution. It is not revealed why this caution was not exercised even earlier during the period of the long vacation of the Court. The petition is prima facie barred by time but the learned counsel contended before us that by virtue of section 4 of the Limitation Act which was brought in Order I, rule 4 of this Court's Rules, permitted the submission of the petition for Special Leave to Appeal on the A re-opening of this Court after the long vacation. We do not think it is necessary to give a considered decision on this point in the circumstances of the present case as, in our opinion, the petition even on merits, must fail. The petition is directed against an order of the High Court of West Pakistan declining to interfere with an order of attachment, before judgment, of the properties belonging to the petitioner-Company, by order of the trial Judge who was seized of a suit for recovery of Rs. 1,40,000 filed by the respondent against the petitioner. This was an interim order passed after due notice to the petitioner and the suit is still pending in the trial Court. We do not consider this to be a fit case for grant of special leave to appeal and dismiss the petition.