Law: Limitation Act, 1908

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Limitation Act (IX of 1908)--- ------S.5---Constitution of Pakistan (1973). Art. 185(3)---Civil Procedure Code (V of 1908), S.115---heave to appeal was granted by Supreme Court to consider, whether in the circumstances of the case, High Court was justified in condoning the delay of 26 days in filing revision petition by the Provincial Government and whether the exercise of discretion would amount to giving preferential treatment to the Government. (b) Limitation Act (IX of 1908)--- ----S. 5---Condonation of delay---Public functionaries---Public functionaries are not -entitled to any preferential treatment in the matter of condonation of delay and they are to be treated on equal footing with an ordinary litigant---With the passage of time a ,valuable right accrues in favour of the opposite-party which should not be lightly disturbed and destroyed. (c) Limitation Act (IX of 1908)--- ----S. 5---Civil Procedure Code (V of 1908), S. 115---Condonation of delay---Revision barred by 26 years---Subject-matter of the suit was valuable Government land therefore, High Court condoned the delay and revision was allowed - resultantly the case was remanded to Trial Court for decision afresh---Validity---Supreme Court pointed out that in social, economic and cultural set-up of Pakistan, Government Departments and public functionaries generally pay little heed to the public interest, which is mostly treated as subservient to the private interest---Supreme Court further noted that, the Government cases generally fail on account of neglect in appearance, mishandling or improper conduct for various reasons---Paramount consideration behind the exercise of discretion in remanding the case to the Trial Court after condoning delay in the present case, was the public interest rather than any other consideration---Discretion to condone the delay is wide enough in a Court depending on variety of factors, particularly sufficient cause shown by a party to the satisfaction of the Court---No hard and fast rule could be laid down to tie down the hands of a superior Court---Superior Court always acts in aid of justice rather than to frustrate it---High Court in exercise of its revisional…

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