Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Supreme Court Rules, 1980, O.XIII, R.1 & O.XXX, R.6--Petition for Leave to Appeal by Government barred by 101 days-­Application for condonation of delay--Conduct of lower functionaries of the Government, can, in appropriate cases, be taken as good ground for condonation of delay. In the petitions on behalf of the Government or Government functionaries in matters involving Government interest or public interest, the petitioners no doubt would be treated at par with ordinary citizens; but they would be given the same concessions and considerations as given to the other citizens. While examining the merits of application for condonation of delay the Supreme Court can look into the conduct of the subordinate functionaries on whose conduct the higher policy-maker functionaries have only a remote physical control. Hence, the conduct of the lower functionaries can in appropriate cases be taken as a good ground for condonation of delay. In. the present case, prima facie, some of the lower functionaries, as explained in the application, seem to have misconducted in the matter of vigilance and preparation for filing of petition for leave to appeal. And further, as admitted at the Bar, departmental action is being taken against them in this behalf. This amongst others shows bona fides on Government's part. Case thus is a fit case for condonation of delay. Accordingly the application in that behalf was allowed and the. delay was condoned. (b) Constitution of Pakistan (1973)-­ --Art. 185(3)--Petition for leave to appeal--Case involved very valuable property, over crore of rupees and questions raised in support of the petition were also of public importance--Leave to appeal was granted in the interest of the petitioners, respondents and also the public interest with observations that case be prepared on present record with direction to the parties to file all essential documents and case be fixed before winter vacations. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition is, prima facie, barred by 101 days. The learned counsel for the petitioners has relied on facts and circumstances narrated in detailed application (about…

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