Al Wakeelo logo

Al Wakeelo

Your Digital Lawyer, Always on Duty

Initializing Secure Chambers

1988 SCMR 1688

ALAUDDIN VS ABDUL RAHEEM

Petitioner: ALAUDDIN VS Respondent: ABDUL RAHEEM

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1988 S C M R 1688

1988 S C M R 1688

Present: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ

ALAUDDIN (deceased) represented by Mst. Kalsoom Begum and others‑‑Petitioners

versus

ABDUL RAHEEM and 3 others‑‑Respondents

Civil Petition No.556 of 1981, decided on 5th July, 1988.

(From the judgment of Lahore High Court, Bahawalpur Bench, dated 26‑1‑1981 in W . P . No. 239‑R of 1971).

(a) Limitation Act (IX of 1908)‑‑

‑‑‑S.5‑‑Constitution of Pakistan (1973), 'Art. 185(3)‑‑Limitation‑‑Time barred petition‑‑ Delay of 38 days condoned in order to make sure as to whether the impugned order of High Court called for any interference.

(b) Constitution of Pakistan (1973)

‑‑Art.185(3)‑‑Leave to appeal, grant of‑‑Findings of fact‑‑Re examination of‑‑Supreme Court finding no justification to interfere with impugned order of High Court, declined to re‑examine findings of fact‑‑Petition dismissed.

M. Abdus Saleem, Advocate Supreme Court and Mohammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.

Nemo for Respondents. .

Date of hearing: 5th July, 1988.

ORDER

GHULAM MUJADDID MIRZA J.‑‑Although this petition for leave to appeal is barred by 38 days but we have condoned the delay in order to make sure as to whether the order of the High Court calls for any interference.

After hearing learned counsel for the petitioners we are of the view that there is no justification to do so. All along the learned counsel challenged the findings of fact. We are not inclined to re‑examine those. The petition is accordingly dismissed.

M.I./A‑272/S Petition dismissed.

Related Legal Research & Directories