Mst. KHAIRAN BIBI vs Mst — 2021 PLD 937 SUPREME-COURT

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Mst. KHAIRAN BIBI VS Mst. HASEENA ATTA S. 5---Supreme Court Rules, 1980, O.XII, R.2---Constitution of Pakistan, Arts. 185(2)(d) & 185(3)---Condonation of delay---Grounds---Petition for leave to appeal filed before the Supreme Court instead of a direct appeal---In the present case, the value (of property) for the purposes of jurisdiction was Rs. 1,00,000/- as well as for possession was also fixed as Rs. 1,00,000/- which was the subject matter of the present petition for leave to appeal---In accordance with the Art. 185(2)(d) of the Constitution when the value of the subject matter before the Trial Court as well as before the Supreme Court was more than Rs. 50,000/- and the High Court had reversed the findings of the District Judge, therefore, a direct appeal (and not a petition for leave to appeal) was competent before the Supreme Court for which period of 30 days was provided---Supreme Court observed that it could have converted the present incompetently filed petition for leave to appeal into an appeal, if the same was filed within the limitation period, however, if the limitation of appeal was counted the incompetent petition became barred by 33 days---Thus, there was no ground for condonation of delay---Petition for leave to appeal was dismissed. Citation Name: 2021 PLD 937 SUPREME-COURTBookmark this Case Mst. KHAIRAN BIBI VS Mst. HASEENA ATTA S. 5---Condonation of delay---Grounds---Ill-advice by the counsel was not a ground for condonation of delay. Citation Name: 2021 PLD 937 SUPREME-COURTBookmark this Case Mst. KHAIRAN BIBI VS Mst. HASEENA ATTA S. 5---Constitution of Pakistan, Art. 185(3)---Petition for leave to appeal before the Supreme Court barred by three days---Condonation of delay---Grounds---Ground mentioned in the application for condonation of delay that due to extreme cold weather and illness of the Steno typist he could not draft the petition within time, was hardly a ground for condonation of delay---Application for condonation of delay was dismissed.

Mst. KHAIRAN BIBI vs Mst — 2021 PLD 937 SUPREME-COURT

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