MUSHTAQ AHMED vs WALI AHMED MIR — 2026 CLC 513 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2026 CLC 513 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2026
Reporter: CLC
Parties: MUSHTAQ AHMED vs WALI AHMED MIR
Subject matter: Criminal

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

MUSHTAQ AHMED VS WALI AHMED MIR. arts. 42(11)(d) & 42(11)(e)---Direct appeal in Supreme Court---Maintainability---Filing of civil petition for leave to appeal (CPLa) instead of direct appeal---Failure to file an application for conversion of the CPLa into direct appeal within the period of limitation---Effect---Direct appeal lies in Supreme Court when the value of the subject matter in the court of first instance and in the appeal is not less than fifty thousand rupees and the High Court has altered, varied or set aside the impugned judgment or decree of the court immediately below---High Court had set aside the judgment and decree of the trial court and the value of subject matter was more than fifty thousand rupees, thus, direct appeal was competent and not the CPLa---Limitation for filing direct appeal before Supreme Court was 60 days, which had expired during the pendency of the CPLa and the petitioner had not filed any application for conversion of the CPLa into appeal within limitation, thus, by operation of law and following the dictum of Supreme Court CPLa was not maintainable---CPLa was dismissed being incompetent, in circumstances.

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