Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: S.M. IQBAL VS Respondent: S.M. AZIM and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: S.M. IQBAL vs S.M. AZIM and others Case No.: Civil Petition No,1339 of 1983 Date of Judgment:1988-08-30 Reported As: 1989 SCMR 1488 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal is directed against the dismissal by the High Court of petitioner's Civil Revision. It had arisen out of the dismissal by the District Court of the petitioner's appeal in arbitration matter, as time-barred. ' The trial Court made an award a rule of the Court on 31-1-1978. The petitioner's appeal filed on 9- 7-1978 being time-barred, his application for condonation of delay filed many years later, was dismissed, and so was his appeal dismissed as time-barred. ' Learned counsel contended that the award having been made after the prescribed time, was a nullity. Therefore, the appeal should despite the bar of limitation have been treated as competent. We do not agree with him. Firstly, the learned counsel has not commented on the point regarding the extension of time for the award; and secondly, it was not such a case in which even if the award would have been found defective, it could have been treated as a nullity. The circumstances of the case did not justify it. Regarding the appeal being badly barred by time, the learned counsel remained unable to justify interference by this Court with the treatment of this question by the High Court in that behalf. Leave to appeal, therefore, is refused.