1983 PLP 6 (SCMR)
LAHORE-Petitioner Versus MESSRS DOMEZ BORIE AND ANOTHER-Respondents
| Citation | 1983 PLP 6 (SCMR) |
| Forum / Court | -----Art. 188 read with Supreme Court Rules, O. XXVI and Limitation Act (IV of 1908), S. 5-Review-Limitation-Condonation of delay Petitioner coming to know of disposal of appeal on 23-5-1980, rushing to principal seat of Court, obtaining copy on 24-5-1980 but actually moving application for review on 23-6-1980 -No explanation offered for delay of each day knowing disposal of appeal and after period of limitation expired-No sufficient cause for condonation of delay having been made out-Petition for review dismissed.-Review by Supreme Court. |
| Bench Members | N/A |
| Parties | LAHORE-Petitioner Versus MESSRS DOMEZ BORIE AND ANOTHER-Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 6 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 6 (SCMR)?
The case was heard and decided by the -----Art. 188 read with Supreme Court Rules, O. XXVI and Limitation Act (IV of 1908), S. 5-Review-Limitation-Condonation of delay Petitioner coming to know of disposal of appeal on 23-5-1980, rushing to principal seat of Court, obtaining copy on 24-5-1980 but actually moving application for review on 23-6-1980 -No explanation offered for delay of each day knowing disposal of appeal and after period of limitation expired-No sufficient cause for condonation of delay having been made out-Petition for review dismissed.-Review by Supreme Court. bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 6 (SCMR) (LAHORE-Petitioner Versus MESSRS DOMEZ BORIE AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zaheer-ud-Din Macci for Petitioner.
- Nemo for Respondents.
- Date of hearing : 21st March, 1982.
- Zaheer‑ud‑Din Macci for Petitioner.
Headnotes / Summary
(On review from the order of this Court dated 9-4-1980 passed in Civil Appeal No. 20 of 1979).
Art. 188 read with Supreme Court Rules, O. XXVI and Limitation Act (IV of 1908), S. 5-Review-Limitation-Condonation of delay Petitioner coming to know of disposal of appeal on 23-5-1980, rushing to principal seat of Court, obtaining copy on 24-5-1980 but actually moving application for review on 23-6-1980 -No explanation offered for delay of each day knowing disposal of appeal and after period of limitation expired-No sufficient cause for condonation of delay having been made out-Petition for review dismissed.-[Review by Supreme Court].
Judgment & Decree
M. S. H. QURESHI, J.‑The petitioner by this petition seeks review of the order of this Court dated 9‑4‑1980, whereby his Civil Appeal No. 20 of 1979 had been dismissed as being without merit. The petition, having been filed on 23‑6‑1980, is some 45 days beyond the limitation period. The petitioner has filed an application seeking condonation of the delay. His case is that the appeal had only partly been argued on 9‑4‑1980 when the Court time had been over and that no judgment bad been announced, nor was also some of the record before the Court. He had, therefore, gone awe under 'the genuine apprehension that the appeal was fixed for re‑arguments". However, as appears from the recitals in his application, he had come to know on 23‑5‑1980 of the disposal of the appeal and had rushed to Rawalpindi where he had obtained copy on 24‑5‑1980, but there is no explanation for the delay made thereafter until 23‑6‑1980 when the petition was actually moved. Since be is to account for the delay of each and every day after he had come to know of the disposal of his appeal and after the period of limitation had been over, his application fails to provide sufficient and proper cause for condoning the delay. The review petition is, therefore, dismissed as time- barred. Petition dismissed.