Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 185(3)---Supreme Court Rules, 1980, O.XIII, R.1---Limitatin Act (IX of 1908), S.5---Petition for leave to appeal filed by Government Department was barred by limitation of 32 days ---Condonation of delay--­Plea that time had been spent in completion of departmental proceedings--­Validity---Delay of limitation in filing of proceedings could only be condoned if it was sought for on sufficient grounds otherwise in absence thereof no special indulgence could be shown to such Department as no preferential treatment could be offered to the Government Departments or autonomous bodies and their cases had to be dealt with in the same manner as the cases of an ordinary litigant/citizen---Supreme Court observed that the Court was conscious that declining relief either to the Government or public litigant in view of the provision of law of limitation, serious injustice was caused to either of the parties before the Court which could not help, it in view of the existing law, however, concerning the cases of Government/autonomous bodies, at least one thing could be done that if case was decided against it on the question of limitation, the direction must be passed to the high-ups of the Department so he/they may initiate departmental action against those officers who were directly or indirectly responsible for causing delay in initiating the case beyond period of limitation. Cases pertaining to Federal/Provincial Government or autonomous bodies instituted beyond limitation prescribed by law before subordinate Court, High Court and Supreme, Court without assigning any justification acceptable under the law for not approaching the Court within time and in the applications seeking condonation of delay, if filed, invariably the plea is taken that time has been spent in completion of departmental proceedings, therefore, delay may be condoned. The concerned department must know that delay of limitation in filing of proceedings can only be condoned if it is sought for on sufficient grounds otherwise in absence thereof no special indulgence can be shown to such department because no preferential treatment can be offered to the Government…

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