Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal Nos.1078 and 1080 of 1984, decided on 5th June, 1985.
‑‑Art. 185(3)‑‑Petition for leave to appeal‑‑Delay, condonation of‑ Petition barred by 843 days‑‑Petitioner had pursued wrong remedy in wrong forum‑‑No sufficient ground for condonation of delay shown‑ Petition dismissed.
Kamal Mustafa Bokhary, Advocate Supreme Court and M. A. Qureshi for Advocate‑on‑Record for Petitioners.
Tanvir Ahmad, Advocate‑on‑Record for Respondent No. 6. Shah Muhammad Shahi for Respondents Nos. 11 to 13 (in C.P. No. 1080 of 1984).
Nemo for others for Respondents (in both the Petitions).
Date of hearing: 5th June, 1985.
.‑‑This order will dispose of (i) C.P.S. L.A. No. 1078/84 filed by Ibrahim etc.; and
(ii) C.P.S.L.A. No. 1080/84, filed by Muhammad Ayub etc., as they involve the same question and against the same order of the High Court, dated 22‑5‑1982 dismissing their writ petitions in settlement matters.
2. The aforementioned judgments were challenged by petitioners in both the petitions through I . C . As. , which were dismissed on the ground that I.C.As. did not lie in view of the provisions of section 3(2) of the Law Reforms Ordinance of 1972.
3. In their petitions the petitioners have only challenged the dismissal of their writ petitions by the High Court, but before us the learned counsel attempted to show that I.C.As., in fact, lay in the case in hand. But on examining the matter we find ourselves in respectful agreement with the view taken by the High Court namely that the I.C.As. did not lie in these cases.
4. As for the impugned orders of the High Court dismissing petitioners' writ petitions the same are barred by as many as 843 days. We find that the petitioners had pursued the wrong remedy in the wrong forum and no sufficient ground has been shown for condonation of the delay. Both the petitions are, therefore, dismissed.
M. B. A. Petitions dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer