Law: Constitution of Pakistan, 1956

Section:

Constitution of Pakistan (1956)-------   -----Art. 158 (1) (c)-Application to High Court for leave to appeal to Supreme Court-Limitation-- Time spent in obtaining copy of order to be appealed from not to be excluded-Such copy not required to be filed by rules-Limita tion Act (IX of 1908), S. 12(2)-Civil Procedure Code (V of 1908), O. XLI, r. I, O. XLV, r. 3-[Hari Ram v. Prem Nath A I R 1935 Lah. 341 and Ghulam Haider v. Abdul Ghani A I R 1950 Lah. 76 ref.]  JUDGMENT   MUHAMMAD YAQUB ALI, J.-On the 19th of September 1961 we accepted Writ Petition No. 993 of 1960 instituted by the respondent and directed that the orders impugned in it be quash ed. On the 10th of March 1962, the present application was filed by one of the respondents in the writ petition for leave to appeal to the Supreme Court of Pakistan.   2. A preliminary objection is taken by the respondent that the petition is out of time by 82 (eighty-two) days. In reply, the learned counsel for the petitioner maintains that the time spent in obtaining copy of our order to be appealed from is to be deducted under section 12 (2) of the Limitation Act, which brings the application within time. We are unable to agree with the learned counsel because under the rules, copy of the order was not filed along with the application under Order XLV, rule 2 of the Code of Civil Procedure. In Hari Ram v. Prem Nath (A I R 1925 Lah. 341), Jai Lal and Monroe, JJ. held that section 12 (2) of the Limitation Act did not apply to an application for leave to appeal to His Majesty in Council (now Supreme Court of Pakistan), it being unnecessary for the applicant to file a copy of the decree or judg ment with the application. In a subsequent case, Ghulam Haider v. Abdul Ghani (A I R 1950 Lah. 76), Muhammad Munir, C. J. and Muhammad Khurshid Zaman, J., held as under-   "section 12(3) does not apply to an application for leave to appeal to His Majesty in…