' IFTIKHAR MUHAMMAD CHAUDHRY, C J.---This petition for leave to appeal has been filed against the judgment dated 3rd March, 2010 passed by Lahore High Court, Lahore, whereby writ petition filed by the petitioner has been dismissed.
2. As the Writ Petition filed by the petitioner has been decided by a learned Single Bench of the High Court, therefore, after taking facts from the learned counsel, we have asked him to satisfy the Court about maintainability of instant petition because, prima facie, we were of the opinion that against the impugned judgment ICA under section 3 of the Law Reforms Ordinance, 1972 was competent before the High Court. In this view of the matter, learned counsel stated that question of limitation would be a hurdle in his way. However, it was pointed out to him that in Accountant General for Pakistan v. Zia Mohy-ud-Din (PLD 2008 SC 164), this Court has observed that the question of limitation shall be considered if the application for condonation of delay is filed, but as we have noted that petitioner has been pursuing his remedy, as is evident from the facts and circumstances, therefore, we are inclined to make an observation that subject to all just exceptions, ICA bench, seized with the matter, may examine the question of limitation, in filing of ICA by the petitioner, favourably.
3. Learned counsel appearing for Caveat has raised objection upon making of such observation by this Court but since, as it has been noted hereinabove, the petitioner has been pursuing his remedy before this Court as well as before the High. Court, therefore, by using the words 'subject to all just exceptions' we have allowed the respondent to raise question qua the limitation, but the Court will consider it, keeping in view the facts and circumstances of the case, favourably.
Petition stands disposed of with the above observation.