| Citation(s) |
|---|
| 2001 SLG 2318 2001 SLD 2318 2001 CLC 145 |
Lahore High Court
Regular Second Appeal No. 128 of 1973, heard on 7-10-1999
SHEIKH ABDUR RAZZAQ, J
Ch. Sadiq Muhammad Warraich for Appellant. Ch. Afrasiab Khan, Standing Counsel for
Respondent
Regular Second Appeal No. 128 of 1973, heard on 7-10-1999
SHEIKH ABDUR RAZZAQ, J
Ch. Sadiq Muhammad Warraich for Appellant. Ch. Afrasiab Khan, Standing Counsel for
Respondent
MUHAMMAD RAFI
VS
GOVERNMENT OF PAKISTAN
Law:
Section:
Civil Procedure Code (V of 1908)-------S. 100---Limitation Act (IX of 1908), S.5---Second appeal---Delay condonation of---Appeal which was to be filed within stipulated period o: ninety days, was filed after 527 days---Appellant had sought condonation of the delay contending that he was suffering from asthma and in support of his claim had annexed a photostat copy of medical certificate of a Doctor-Appellant had not annexed any other document to prove that he was unable to approach his counsel for filing the appeal---Validity---Delay of each and every day in filing appeal had to be explained by appellant, but he had failed to do so---Appellant having failed to prove that he was prevented by any sufficient cause to file appeal within stipulated period of ninety days application for condonation of delay was devoid of any force and appeal was liable to be dismissed being barred by time. JUDGMENT Instant Regular Second Appeal is directed against the judgment and decree, dated 24-6-1971 passed by the learned District Judge, Rawalpindi whereby he confirmed the judgment and decree, dated 28-3-1970 passed by the Administrative Civil Judge, Rawalpindi. 2. Briefly stated the facts are that on 1-12-1954 the plaintiff/appellant joined the service of Government of Pakistan as Laboratory Attendant, in the General Headquarters Science Laboratories (Chaklala) Rawalpindi. In 1956, he became a viewer and held that post till 14-11-1960. On 20-11-1960 he was appointed as a Storeman and later on was transferred to Inspection Depot Armaments, Wah Cantt., in the same capacity, where he was confirmed in 1962. On 18-8-1966, an ex-employee of the Inspection Depot Armaments, Wah Cantt., reported a criminal incident against the appellant and two other employees. Prior to that report, an accident resulting in the death of the appellant's immediate incharge Subedar Ali Ahmad occurred. His death was suspected to be the result of a planned scheme, involving one Lt.-Col. A.R. Awan of E.M.E. As a result of suspicion the said Lt.-Col., was suspended from service but was later on reinstated and posted as the Commanding Officer of the Organization where the appellant was working. Lt.-Col. Awan…
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