Mst. PARVEEN (DECEASED) vs MUHAMMAD PERVAIZ O — 2022 SCMR 64 SUPREME-COURT

Case information

Citation: 2022 SCMR 64 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: Mst. PARVEEN (DECEASED) vs MUHAMMAD PERVAIZ O

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. PARVEEN (DECEASED) VS MUHAMMAD PERVAIZ O. XII, R. 1 & O. XIII, R. 1---Constitution of Pakistan, Arts. 185(2) & 185(3)---'Appeal to Supreme Court' and 'Petition for leave to appeal before the Supreme Court'---Limitation period for filing---Discrepancy---Supreme Court Rules, 1980 ('the Rules') prescribed 30 days period for filing of an appeal under Art. 185(2), whereas a period of 60 days was provided for a petition for leave to appeal in terms of Art. 185(3) of the Constitution---Supreme Court observed that the Rules prescribed double the period for the filing of a petition to that for filing an appeal which was surprising because an appeal was filed as of right; that to attend to such discrepancy it may be appropriate to amend the Rules; that one simple way of doing this, without adversely affecting the accrued rights of any party, could be by amending O. XII, R. 1 of the Rules by substituting the stated period of 30 days mentioned therein for filing an appeal and bring it at par with the period in which a petition may be filed, that is, 60 days---Supreme Court directed the Registrar to bring the said issue to the attention of the Chief Justice who may place it for consideration in the next Full-Court meeting.

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