Case Details

Citation(s)
2017 SLG 2333 2017 SLD 2333 2017 MLD 832
Lahore High Court
I.C.A. No. 184 of 2013, decided & hearing on 1-2-2017.
JAWAD HASSAN, JUSTICE
Sultan Mehmood, Asstt. A.G. and Javed Hussain Sial, Law Officer for Appellant. Malik Muhammad Awais Khalid and Mian Bilal Bashir for
Respondent.

GOVERNMENT OF PUNJAB AND OTHERS

VS

ISHTIAQ AHMAD BUTT AND OTHERS

Law:

Section:

(a) Limitation Act (IX of 1908)--- ----Art. 151 & Ss. 3, 5---Law Reforms Ordinance (XII of 1972), S.3(2)---Intra-court appeal---Limitation---Condonation of delay---Sufficient cause---Scope---Constitutional petition was allowed against which civil petition for leave to appeal was filed before the Supreme Court which was dismissed as withdrawn and intra-court appeal was filed---Contention of appellant was that delay in filing intra-court appeal was not deliberate or intentional---Validity---No reason or justification had been given in the application for condonation of delay to justify delay in filing the intra-court appeal---Only ground/reason for condonation of delay was 'mis-reading and misinterpreting' which was neither cogent nor confidence inspiring to extend favour of condonation of delay---Supreme Court while disposing of civil petition for leave to appeal made no observations with regard to condonation of delay in filing of the intra-court appeal rather disposed of the petition as withdrawn---Date on which the Supreme Court dismissed the civil petition for leave to appeal as withdrawn, was to he considered as the date of filing intra-court appeal---Intra-court appeal, therefore, was barred by limitation---Appellant had failed to show any sufficient reason for condonation of delay---No reason existed to condone the delay in filing of intra-court appeal---Impugned was personam for respondents---Petition for condonation of delay and intra-court appeal were dismissed being barred by time. Dr. Syed Sibtain Raza Naqvi v. Hydrocarbon Development and others 2012 SCMR 377; Gen. (R) Parvez Musharraf v. Nadeem Ahed (Advocate) and another PLD 2014 SC 585; Ghulam Hussain Ramzan Ali v. Collector of Customs (Preventive), Karachi 2014 SCMR 1594; Government of Baluchistan v. Abdul Nabi and another 1988 SCMR 1906; Province of Punjab through District Officer Revenue, Rawalpindi and others v. Muhammad Sarwar 2014 SCMR 1358; Province of Punjab and others v. Aftab Ahmed and others 2012 PLC (C.S) 1402 and Ministry of Defence and 3 others v. Muhammad Athar 2013 MLD 1284 ref. Mst. Khadija Begum and 2 others v. Mst. Yasmeen and 4 others PLD 2001 SC 355 and Federation of…
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