| Citation(s) |
|---|
| 2003 SLG 615 2003 SLD 615 2003 SCMR 1321 |
Supreme Court of Pakistan
Civil Petition No.741-L of 1999, decision dated: 29-05-2002. (On appeal from the judgment/order dated 21-4-1999 passed by Lahore High Court, Lahore in I. C. A. No. 1071 of 1998)
IFTIKHAR MUHAMMAD CHAUDHRY AND KHALIL-UR-REHMAN RAMDAY, JJ
Dr. A. Basit, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners Maqbool Illahi Malik, A.G., -Punjab, Muhammad Rashid Advocate Supreme Court for LDA and S. Abul Asim Jafri, Advocate-on-Record for
Respondents
Civil Petition No.741-L of 1999, decision dated: 29-05-2002. (On appeal from the judgment/order dated 21-4-1999 passed by Lahore High Court, Lahore in I. C. A. No. 1071 of 1998)
IFTIKHAR MUHAMMAD CHAUDHRY AND KHALIL-UR-REHMAN RAMDAY, JJ
Dr. A. Basit, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners Maqbool Illahi Malik, A.G., -Punjab, Muhammad Rashid Advocate Supreme Court for LDA and S. Abul Asim Jafri, Advocate-on-Record for
Respondents
AFSAR KHAN and 11 others
VS
GOVERNMENT OF THE PUNJAB through Deputy Commissioner, Lahore and others
Law:
Section:
Limitation Act (IX of 1908)--- ----S. 14---Law Reforms Ordinance (XII of 1972), S.3---Constitution of Pakistan (1973), Art. 185(3)---Intra-Court Appeal, filing of---Benefit of S.14 of Limitation Act, 1908---Petitioners, instead of filing Intra-Court Appeal, had filed the petition for leave to appeal---Contention of the petitioners was that they be allowed to file Intra-Court Appeal and benefit of S.14 of Limitation Act, 1908, be given to them ---Validity--Supreme Court declined to dilate upon the maintainability or otherwise of Intra-Court Appeal if filed before High Court and it would be for the High Court to examine such aspect of the case according to law--Supreme Court without making any observation and causing prejudice to any of the parties allowed the petitioners to seek remedy from the appropriate forum strictly in accordance with law---If the proceedings 'were initiated, the Supreme Court allowed the other side to contest the same on all legal and factual planes---Petition was dismissed as withdrawn. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 21st April, 1999 passed by Lahore High Court, Lahore whereby I.C.A. filed by petitioner has been dismissed. 2. Learned counsel appearing for petitioners stated that after having examined the legal position, he is of the opinion that against the order, dated 18th February, 1998, passed in Writ Petition No.17131 of 1997, petitioners should have filed independent I.C.A. within the period of 20 days as contemplated under Article 150 of the Limitation Act, therefore, permission be accorded to him to withdraw this petition with observation that petitioners will be free to approach…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492