| Citation(s) |
|---|
| 1997 SLG 880 1997 SLD 880 1997 PLC 600 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 247 of 1996, decision dated: 14-03-1997. (On appeal front the judgment dated 14-5-1996 passed by the N.W.F.P. Service Tribunal, Peshawar, in Appeal No. 587/95).
RAJA AFRASIAB KHAN AND MUNAWAR AHMED MIRZA, JJ
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Civil Petition for Leave to Appeal No. 247 of 1996, decision dated: 14-03-1997. (On appeal front the judgment dated 14-5-1996 passed by the N.W.F.P. Service Tribunal, Peshawar, in Appeal No. 587/95).
RAJA AFRASIAB KHAN AND MUNAWAR AHMED MIRZA, JJ
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MUHAMMAD RAZ KHAN
VS
GOVERNMENT OF N.W.F.P. and another
Law:
Section:
(a) NorthWest Frontier Province Service Tribunals Act (I of 1974)S. 4Constitution of Pakistan (1973), Art. 212(3)Appeal before Service Tribunal filed long after prescribed period of limitationEffectMere repetition of representation would not by itself enlarge prescribed period of limitationAny relaxation of period of limitation would tend to defeat real object and spirit of law which consciously restricts and controls 3eriod for availing relief. Government of Pakistan v. Bashiruddin PLD 1985 SC 309 and Muhammad Hasham v. InspectorGeneral of Police, Punjab and 2 others 1990 SCMR 1440 rel. (b) Limitation Act (IX of 1908)-- S. 3Void orderEffect of limitationNormally constraints of limitation would not apply against void 'ordersEvery case was, however, distinguishable on facts and circumstancesAggrieved party must pursue legal remedies with utmost diligence and satisfy conscience of Court or quasi judicial authority for approaching respective forums beyond prescribed period of limitation even if objections to that effect were not raisedAggrieved person seeking redress would have obligation to justify each day's default in launching proceedings, because with lapse of time valuable rights would accrue to opposite sideUnless certain constraints were to apply against right of challenging void orders, specially relatable to period of knowledge, same would create complications leading to dangerous resultsPrinciple of justice and fairplay would not help those who were extraordinary negligent in asserting their rights and despite becoming aware about alleged void order adverse to their interests remained in deep slumberOrder termed as nullity or void could be assailed at best by computing period of limitation from the time when person concerned factually came to know about the sameStarting point of limitation would be from date of knowledge of alleged void order which must be independently established on sound basis. Muhammad Shaft v. Mushtaque Ahmed 1996 SCMR 865; Hakim Muhammad Buta and another v. Habib Ahmad and others PLD 1985 SC 153; Province of Punjab and others v. Muhammad Hussain and others PLD 1993 SC 147; Ali Muhammad and others v. Muhammad Shaft and others PLD…
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