Case Details

Citation(s)
2007 SLG 3355 2007 SLD 3355 2007 PLJ 560
Supreme Court of Pakistan
Civil Appeal No. 1377 of 2001, decided on 25.9.2006.
JAVED IQBAL & HAMID ALI MIRZA, JJ.
Mr. Jariullah Khan, ASC for Appellants. Mr. M. A. Qureshi, AOR for
Respondent No. 1. Nemo or
Respondents Nos. 2 & 3.

ABDUL MAJID, etc.

VS

Mst. ZUBEDA BEGUM, etc.--Respondents

Law:

Section:

(i) Limitation Act, 1908 (IX of 1908)-- ----Ss. 5 & 14--Constitution of Pakistan, 1973--Art. 185(2)(d)(e)--Condonation of delay--Sufficient cause--Controversy revolves around the question as to whether time spent in filing and pursuing review petition does constitute "sufficient cause" for condonation of delay in filing appeal. [P. ] A (ii) Words and Phrases-- ----The words "sufficient cause" as used in S. 5 of Limitation Act, 1908 have its own impact and significance--"Sufficient cause" neither can be defined precisely nor specific yardstick can be fixed for its determination as it varies from case to case. [P. ] B (iii) Constitution of Pakistan, 1973-- ----Art. 185(2)(d)(e)--Valuable rights cannot be snatched on the ground that a review petition was filed in good faith as appeal could have been filed conveniently--Respondents would not be deprived of the valuable rights which they have acquired due to laches and negligence of the appellants. [P. ] C Judgment Javed Iqbal, J.--This appeal is preferred under Article 185(2)(d) (e) of the Constitution of Islamic Republic of Pakistan, 1973 against the judgment dated 15.3.2001 passed by learned single Judge of the Lahore High Court, Lahore, whereby the civil revision preferred on behalf of respondents has been accepted. 2. Heard Mr. Jariullah Khan, learned ASC on behalf of appellants, scanned the entire record and perused the judgments of learned trial and appellate Courts as well as judgment impugned. The entire controversy revolves around the question as to whether the time spent in filing and pursuing the review petition does constitute "sufficient cause" for condonation of delay in filing appeal? Before the said question could be answered it must not be lost sight of that the remedy of filing review was chosen by the petitioner himself against the judgment and decree dated 4.11.1984. The review petition was accepted but subsequently on filing appeal by the respondents it was reversed. It is also an admitted feature of the case that civil revision was preferred by the appellants but not pressed on the plea that the original judgment and decree dated 4.11.1984 would be challenged by way of appeal and seeking…
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