Law:

Section:

(a) Civil Procedure Code (V of 1908)--S.12(2)---Constitution of Pakistan (1973), Art.185(3)---Petition for leave, Petitioner had consumed some time in pursuing the matter in to appeal--Supreme Court on account of the impression that "application under S.12(2) C. P. C. would be competent before Supreme Court against the final order"--- Plea of the petitioner, therefore, was that permission be accorded by Supreme Court to withdraw the petition with observation from the Court that the Court seized of the matter would sympathetically consider condonation of delay if occurred in approaching the said Court because he had consumed 2 years in the proceedings before Supreme Court---Validity---Application under S.12(2), C.P.C. subject to all just exceptions, would be competent before the Court which had finally decided the appeal---Supreme Court, in circumstances, allowed the contention of the petitioner that the Court seized of the matter, if instituted under S.12(2), C.P.C. should sympathetically consider request if made for condonation of delay in filing of the application. PLD 1995 SC 564; Khawaja Muhammad Yousuf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas and others 1999 SCMR 1516 and Secretary, Ministry of Religious Affairs and Minorities and 2 others v. Syed Abdul Majid 1993 SCMR 1171 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 12 (2)---Application under S.12(2), C.P..C. subject to all just exceptions will be competent before the Court which had finally decided the appeal. PLD 1995 SC 564; Khawaja Muhammad Yousuf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas arid others 1999 SCMR 1516 and Secretary, Ministry of Religious Affair's and Minorities and 2 others v. Syed Abdul Majid 1993 SCMR,1171 ref. Muhammad Akram Sheikh, Advocate Supreme Court for. Petitioner. Nemo for Respondents. Date of hearing: 18th February, 2000. ORDER IFTIKHAR MUHAMMAD CHAUDHARY, J.---Learned counsel for the petitioner contended that instant petition was preferred by him in view of the judgment reported in PLD 1995 SC 564 wherein it has been held that application under section 12(2), C.P.C. will be…

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