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Petitioner: NATIONAL LOGISTIC CELL VS Respondent: RUKHSANA PARVEEN NAZEER and another
Court Name: Supreme Court of Pakistan Judge(s): Rana Bhagwan Das, Sayed Saeed Ashhad Title: NATIONAL LOGISTIC CELL vs RUKHSANA PARVEEN NAZEER and another Case No.: C.P.L.A. No,629-K of 2004 Date of Judgment:2006-01-03 Reported As: 2008 SCMR 55 Result: Petition dismissed
Judgment ORDER RANA BHAGWANDAS, J.--- This petition is directed against Division Bench judgment of Sindh High Court dated 4-6-2004 substantially modifying the judgment and decree passed by a learned Single Judge in a suit awarding compensation under the provisions of Fatal Accidents Act, 1855. 2. While learned Single Judge at the conclusion of the trial had awarded compensation to the tune of Rs,2,08,000, in High Court appeal by the respondent widow of deceased Division Bench on reappraisal of evidence and re-evaluation of record enhanced the compensation to Rs,8,00,000 vide judgment, dated 4-6-2004. 3. In terms of Article 185(2)(d) and (e) of the Constitution a direct appeal as of right would be competent before this Court but instead of C.P.L.A. Has been filed on 2-8-2004. Under Order XII, rule 2 of the Pakistan Supreme Court Rules, 1980 memo. Of appeal is required to be filed within 30 days from the date of grant of certificate by the High Court or from the date of impugned judgment, decree or final order of the High Court. We have considered the question of converting this petition into appeal. Evidently present petition cannot be converted into an appeal as in that event it would be barred by 29 days. Indeed no effort was made for conversion of petition into appeal and no endeavour was made to account of inordinate delay in the memo. Of petition. 4. In the circumstances, the petition is dismissed as incompetent and not maintainable at law.
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