Law:

Section:

Limitation Act (IX of 1908)--- ----S. 5---Constitution of Pakistan (1973), Art.212(3)---Condonation of delay---Delay of 21 days was sought by the Authorities to be condoned--­Plea raised by the Authorities for condonation of delay was that the delay in filing of the petition for leave to appeal was not intentional or deliberate but due to the fact that the was received in the concerned office i.e. Law Branch after some delay---Validity---No preferential treatment is to be offered to Government Department qua the civil litigation---Supreme Court declined to condone the delay and took serious note of the conduct of Government officials and directed that the officers of Government Departments who were responsible for causing delay in instituting proceedings before different Courts should be penalized because on account of their such conduct Government sustained considerable loss which ultimately had to be borne by the public and lethargic tactics of the delinquent officers could not be tolerated merely either on account of their ignorance of law or for any extraneous consideration---Supreme Court expected that Government functionaries would take interest to institute the proceedings before Courts of law within time as per law of limitation. Pakistan through Secretary, Ministry of Defence v. Messrs Azhar Brothers Ltd. 1990 SCMR 1059; Government of the Punjab through Secretary (Services), Services General Administration and Information Department, Lahore and another v. Muhammad Saleem PLD 1995 SC 396; Federation of Pakistan through Secretary Ministry of Foreign Affairs, Government of Pakistan, Islamabad and 5 others v. Jamaluddin and others 1996 SCMR 727; Central Board of Revenue, Islamabad through Collector of Customs, Sialkot Dry Port Samberial, District Sialkot and others v. Messrs Raja Industries (Pvt.) Ltd. through General Manager and 3 others 1998 SCMR 307; Lahore High Court, Lahore through Registrar v. Nazar Muhammad Fatiana and others 1998 SCMR 2376 and Chairman, District Evacuee Trust, Jhelum v. Abdul Khaliq PLD 2002 SC 436 fol. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--This petition for leave to appeal has been tiled against the judgment dated 13th December,…

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