| Citation(s) |
|---|
| 1994 SLG 748 1994 SLD 748 1994 SCMR 1132 |
Supreme Court of Pakistan
Civil Petition No. 217 of 1992, decision dated: 7-10-1992
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN, J
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Civil Petition No. 217 of 1992, decision dated: 7-10-1992
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN, J
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THE BOARD OF INTERMEDIATE and SECONDARY EDUCATION, SARGODHA and 2 others
MUHAMMAD NASIR ALI KHAN and others
Law:
Section:
(a) Limitation Act (IX of 1908)--- ----S. 5---Time-barred appeal ---Condonation of delay---Appeal dismissed as time-barred---Validity---Petitioners had not been able to show with reference to specific events and elements in the case, that there was good cause for condonation ---Petitioners had failed to rely on any material which might have been ignored, misread or misinterpreted---Petitioners were not entitled to condonation of delay in filing time-barred appeal. (b) Limitation Act (IX of 1908)--S. 22(1)---Constitution of Pakistan 1973), Art. 185(3)---Time-barred appeal filed before lower Appellate Court, was dismissed---Petitioner's argument in petition for leave to appeal was that Board of Intermediate and Secondary Education was an institution independent of persons who control, run and manage it and because it was not a party independently arraigned before Trial Court, therefore, it had a special position and thus, time-barred appeal filed b~° it should have been entertained notwithstanting the examination of limitation---Such argument was fallacious for the reason that interests of Board of Intermediate and Secondary Education were fully safeguarded, there being no clash between its functionaries inter se---Chairman of the Board and Controller of Examination, had in fact acted in the best interest of the Board--Petitioner's argument being hypertechnical would not furnish enough justification for interference---Leave to appeal was refused in circumstances. WAPDA v. Alain Khan PLD 1991 SC 374 rel. ORDER MUHAMMAD AFZAL ZULLAH, CJ.---The defendants' side in a suit for correction of birth entry recorded in the papers of the petitioners, has called in question the dismissal by the High Court of their Civil Revision. Earlier they had lost throughout.- One consideration which prevailed with the High Court was that the petitioners' appeal before a lower Court was time-barred. Learned counsel admits that the appeal was time-barred but has advanced two arguments to overcome this point. One, that the Government and similar other institutions should like ordinary litigants be permitted to satisfy the Court with regard to the normal…
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