Law:

Section:

(a) Civil Procedure Code (V of 1908)--S.96---Appeal---Failure to file ,application for condonation of delay--­Non-compliance of. order of Court---Effect---Appeal filed before Lower Appellate Court was time-barred and was not accompanied by application for condonation of delay---Lower Appellate Court directed the appellant to affix court-fee but the order was not complied with despite number of opportunities were provided to the appellant---Appeal before Lower Appellate Court was incompetent and was rightly dismissed as barred by time in circumstances. (b) Civil Procedure Code (V of 1908)---- ----S.100---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art.185(3)---Second appeal ---Condonation of delay---Delay caused due to negligence of certain Government officials---Effect---Petitioner's second appeal before High Court was barred by one and half years and such delay was attributed to negligence of certain officials---Delay . was not satisfactorily explained for neither details of the negligence on the part of the officials had been disclosed nor it was stated that the officials responsible for negligence had been proceeded against---High Court had rightly dismissed the application seeking condonation of delay as no sufficient cause had been shown to explain the delay---Government being at par with other litigants no preferential treatment could be accorded to it in computing the limitation--­Petitioner had also failed to point out any illegality in the by ­Lower Appellate Court--_-Leave to appeal was refused in circumstances. Raja Abdul Ghafoor, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 8th November, 1999. ORDER SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment and order, dated 30-11-1998 delivered by a Division Bench of the Balochistan High Court whereby a second appeal filed by the Government of Balochistan through Secretary, Public Health Engineering Department and Project Director, Akra Kour Dam Project, was dismissed. 2. The facts in brief are that the respondent instituted a suit for the recovery of Rs.18,00,000 against the Government of Balochistan and a firm known as M/s. Sadullah Khan…

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