Petition of leave to Appeal

Citation Name  : 2012  SCMR  1292     SUPREME-COURT
Side Appellant : ABRAR-UL-HAQ SHAMI, DEPUTY SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
Side Opponent : FEDERATION OF PAKISTAN through Secretary Ministry of Overseas Pakistanis, Islamabad
	Art. 185(3)---Law Reforms Ordinance (XII of 1972), S. 3---Petition for leave to appeal ---Conversion of such a petition into an Intra Court appeal to be decided by High Court---Scope---Petitions for leave to appeal were filed against the impugned judgment of the High Court by which writ petitions of the petitioners were dismissed---Respondent contended that where an Intra Court appeal was provided by law against the impugned judgment, a petition for leave to appeal would not be maintainable and same had to be dismissed as such the petitioners might file separate Intra Court appeal s before the High Court---Validity---First petition for leave to appeal (first petition) was filed on the 20th day of the announcement of the impugned judgment and an Intra Court appeal as such would not be out of time, while the second petition for leave to appeal (second petition) was filed on the 58th day of the announcement of the impugned judgment and as such an Intra Court appeal would be out of time---Filing of petitions for leave to appeal by the petitioners was apparently an innocent mistake based upon the wrong advice of the counsel and of misunderstanding of the petitioner of the second petition, who perhaps might have followed the petitioner of the first petition in availing the remedy against the impugned judgment, which remedy although might not be maintainable but by dismissing the same and allowing the petitioners to file an Intra Court appeal would only be ministerial work which could appropriately be cut short by allowing the present petitions to be treated as Intra Court appeal s to be decided by the High Court---Question of limitation arising in the Intra Court appeal s would be dealt by the High Court in accordance with the law---Present cases provided enough justification, where technicalities of procedure could be overcome by converting petition for leave to appeal into appeal or remanding the case from one court to another court/Tribunal by making the very same case by changing its character, nature or name and decided accordingly---Petitions for leave to appeal were disposed of by treating the same as Intra Court appeal s, which were to be decided by the High Court in accordance with the law.