Law: Limitation Act, 1908

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.1

Law: Land Acquisition Act, 1894

Section: 4,6,18

(a) Limitation Act (IX of 1908)--- ----S.5---Condonation of delay--Principle---Delay caused by government---Scope---Authorities sought condonation of delay in filing of appeal on ground that before filing of appeal, sanction from government was to be obtained which caused delay in filing of appeal---Validity---Date on which. authorities moved to government for obtaining sanction to file appeal, was not specified in affidavit, nor letter by which authorities sought such permission was brought on record in support of the plea---Authorities not even produced alleged permission before the court so as to assess vigilance of authorities in filing of appeal---After expiry of limitation period, valuable right accrued in favour of opposite party, which could not be snatched or brushed aside leniently---Party guilty of limitation was under obligation to explain each day's delay in filing of appeal and in case each day's delay had not been explained satisfactorily, the delay could not be condoned---Government could not be given different or special treatment to a party than ordinary litigant and government was also required to explain delay reasonably so as to condone the same---Delay in absence of such explanation could not be condoned. Government of N.-W.F.P. through Chief Secretary and 3 others v. Abdul Malik 1994 SCMR 833 rel. (b) Land Acquisition Act (I of 1894)--- ----Ss.4, 6 & 18---Acquiring of land without acquisition---Compensation---Land allotted to plaintiff was included by authorities in public park without the same being acquired---Suit for recovery of compensation filed by plaintiff was decreed in his favour by Trial Court but Appellate Court allowed the appeal and dismissed the suit--Validity---No proceedings under Land Acquisition Act, 1894, were initiated or observed by authorities in order to acquire land of plaintiff---Proceedings for acquiring of land having not been taken nor any notification under Ss.4 and 6 of Land Acquisition Act, 1894, was published in official Gazette, therefore, authorities were not required to move under S.18 of Land Acquisition Act, 1894---Judgment and decree passed by Appellate Court suffered from material illegality and…

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