Law: Limitation Act, 1908

Section: 3,12,14,151

Limitation Act, 1908 (IX of 1908)-- ----Art. 151--Application for post of tubewell operator--Declaration as successful candidate--Non issuance of appointment letter--Writ petition--Allowed--Delay in filling of appeal--Application for--Condonation of delay--Law is well settled that limitation of 20 days provided under Article 151 of Limitation Act, 1908 for filing appeal mentioned therein would start running from date of decree or order passed by High Court in its original jurisdiction--There is no ambiguity or disparity in Article 151 of Limitation Act, 1908 for reckoning said period--Application was dismissed. 1998 SCMR 179 & PLD 2011 Lah. 490, ref. Limitation Act, 1908 (IX of 1908)-- ----S. 3--Duty of Court--Limitation--In terms of Section 3 of The Limitation Act, 1908, it is the bounden duty of every Court to take notice of the question of limitation, even if not raised in defence by the contesting party. THIS ORDER PASSED BY: MIRZA VIQAS RAUF, JUSTICE---.--- C.M. NO. 02 OF 2017. This application in terms of Section 5 of The Limitation Act, 1908 seeks condonation of delay in filing the appeal, which is barred by 31 days. 2. Learned Law Officer submits that delay in filing of appeal is the result of non-availability of certified copies of necessary documents as well as delayed sanction to file the Intra Court appeal. He added that law favours the adjudication on merits and the government could not be penalized on account of act of delinquent officials. In support of his contentions, learned Law Officer has placed reliance on "Government of Khyber Pakhtunkhwa through Secretary Industries Commerce and Mineral Development, Peshawar and others v. Frontier Chemicals Industries Ram Bagh, Mardan" (2016 SCMR 1410). 3. We have heard learned Law Officer at some length and perused the record. 4. The respondent/writ petitioner filed a writ petition averring therein that he applied for the post of Tubewell Operator in Agronomic Research Centre, Khanewal and after completion of the process, he was declared as successful candidate as per merit list dated 19th September, 2017 securing highest marks but due to imposition of ban on recruitments after 31st December, 2007,…

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