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Any Deviation from the Procedural Norms could result in the Dismissal of Appeals --- Supreme Court of Pakistan

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Any Deviation from the Procedural Norms could result in the Dismissal of Appeals --- Supreme Court of Pakistan

Islamabad 05-11-2024: In a significant ruling, the Supreme Court of Pakistan in [CPLA No. 3532/2023] has reaffirmed the importance of strict procedural adherence in appeal cases, stressing that all filings must comply with statutory requirements to be considered admissible. This judgment, has set a clear precedent, that procedural lapses can impact the admissibility of cases, even in complex appeals.

The Court underscored the necessity for appeals to meet procedural standards as mandated under Section 58. This section outlines specific requirements for appeal submissions, including completeness and filing timelines. The Court’s decision emphasizes that any deviation from these procedural norms could result in the dismissal of appeals, thus ensuring a standardized approach to the appellate process.

The Court relied on established case law, referencing Hamabai Framjee Petit Vs. Secretary of State for India-in-Council (ILR 39 Bom. 279) to reinforce the principle of judicial consistency. The judgment highlights the importance of aligning current decisions with previous rulings to maintain coherence in legal interpretation across cases.

A significant portion of the judgment focuses on Section 19A, which governs grounds for appeal. The Court analyzed the section, including subsections 19AR and 19AKT, to determine the criteria under which appeals are accepted. This interpretation provides clarity on how substantive provisions should be applied to ensure only justified appeals are entertained.

The Supreme Court of Pakistan cited critical judgments, such as [PCrLJ 1321 (1987) and SCMR 141 (1997)], to underscore the necessity of case law in shaping procedural and substantive standards. These precedents provided a foundation for interpreting various sections and reinforced the role of judicial decisions in guiding procedural compliance.

The judgment sends a strong message that all legal filings, especially appeals, must adhere to judicially mandated standards. Sections like Section 36 have been emphasized for their role in governing appeal timelines and content requirements, which are now likely to become focal points in future appeals to ensure compliance and avoid dismissal on technical grounds.

This ruling marks a pivotal moment in appellate jurisprudence, setting a precedent that underscores the Supreme Court of Pakistan commitment to enforcing procedural standards while maintaining consistency with past judgments. Legal experts expect this decision to significantly influence the approach to appeals in lower Courts, encouraging meticulous adherence to statutory guidelines.