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Petitioner: Asadullah Khan and others VS Respondent: Abdul Ghafoor Khan and others
Court Name: Supreme Court of Pakistan Judge(s): Mushir Alam, Munib Akhtar Title: Asadullah Khan and others vs Abdul Ghafoor Khan and others Case No.: Civil Appeals Nos. 4-K and 5-K of 2021 Date of Judgment:2021-05-21 Reported As: 2022 SCMR 672 Result: Appeals dismissed
Judgment ORDER MUSHIR ALAM, J.---These appeals are hopelessly barred by 27 and 28 days respectively . It appears that the appellant, instead of filing direct appeals within contemplation of Article 185(2)(d) of the Constitution of Islamic Republic of Pakistan, 1973, preferred leave petitions, considering the limitation to be 60 days though in the case of direct appeal, the limitation is 30 days. According to the learned counsel for the appellant, office raised objection and returned the leave petitions on such count. Though the same were filed on the next day as Direct Appeals but unfortunately the instant appeals ran out limitation within contemplation of 185(2) d) ( supra ), 2. Heard. When confronted that in view of the judgment of this Court reported as Mst. Gul Jan and others v. Naik Muhammad and others (PLD 2012 SC 1), wherein this Court held that the practic e of filing a C.P.L.A. under Article 185(3) of the Constitution where an appeal is competent under 185(2) of the Constitution or under the statute but has become barred by time amounts to hoodwinking the spirit of the law and such practice must be brought to an end, the learned counsel was unable to persuade us otherwise. Consequently , both the applications for condonation of delay (C.M.As. Nos.246-K and 248-K of 2021) are dismissed with the consequence that these appeals are dismissed as barred by time.