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Petitioner: Mst. RIAZ BEGUM VS Respondent: MUHAMMAD SHAFI
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: Mst. RIAZ BEGUM vs MUHAMMAD SHAFI Case No.: Civil Petition No, 596 of 1982 Civil Revision No, 1646 of 1981 Date of Judgment:1984-05-08 Reported As: 1984 SCMR 1171 Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.-The question that arose in this case is whether the time spent in erroneously prosecuting an application for setting aside a decree, as it was not competent, can be excluded by the application of section 14 of the Limitation Act. ' The learned Judge in the High Court relying upon the judgment of a learned Single Judge of the Lahore High Court in General Secretary, P. W. R. Union (Workshop), Lahore v. The Registrar, Trade Unions and another (1) has held that the time which was thus spent, having been spent bona fide could be excluded but in the case of Shah Muhammad v. Ghulam and another (2), this Court appears to have expressed a contrary view. ' The question is one of law and of general public importance. We would, accordingly, grant leave to appeal. ' Security in the sum of Rs, 1,000. ' The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any. ' Further, proceedings- before the learned Appellate Court shall-remain stayed meanwhile. {{FOOT NOTE}} PLD 1969 Lah. 1080. (2) PLD 1970 SC 196 {{FOOT NOTE}}