Law:

Section:

Law Reforms Ordinance. (XII of 1972)--- ----S. 3---Constitution of Pakistan, Arts.185(3) & 199---Petition for leave to appeal---Maintainability---Constitutional petition having been decided by a Single Bench of the High Court, intra court appeal under S.3, Law Reforms Ordinance, 1972 was competent before the High Court---Counsel for the petitioner, in circumstances, contended that question of limitation would be a hurdle in his way to approach the High Court---Supreme Court observed that question of limitation shall be considered if the application for condonation of delay was filed, since the petitioner had been pursuing his remedy, as was evident from the facts and circumstances, therefore, "subject to all just exceptions" intra court appeal Bench, seized with the matter, may examine the question of limitation, in filing intra court appeal by the petitioner, favourably---Counsel appearing for the caveat had raised objection upon making of such observation by the Supreme Court---Validity---Held, petitioner had been pursuing his remedy before Supreme Court as well as before the High Court, therefore, by using the words "subject to all just exceptions" Supreme Court allowed the respondent to raise question qua the limitation, but the court would consider it, keeping in view the facts and circumstances of the case, favourably. Accountant General for Pakistan v. Zia Mohy-ud-Din PLD 2008 SC 164 ref. Sahibzada A. Raza Qasuri, Senior Advocate Supreme Court for Petitioner. Anwar Kamal, Advocate Supreme Court for Respondent No.56. Nemo for Respondents (Nos.1-55 & 57-59). Date of hearing: 31st March, 2010. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C J.---This petition for leave to appeal has been filed against the judgment dated 3rd March, 2010 passed by Lahore High Court, Lahore, whereby writ petition filed by the petitioner has been dismissed. 2. As the Writ Petition filed by the petitioner has been decided by a…

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