Law:

Section:

Civil Procedure Code (V of 1908)-------S. 96---Constitution of Pakistan (1973), Art.185(3)---Appeal before High Court---Barred by limitation---Right of Government Departments---Scope---Suit filed by contractor was decided on the basis of arbitration between the parties and award given by Arbitrator was made rule of the Court---Department being aggrieved of the award, filed appeal before High Court after more than 1-1/2 years of making the award rule of the Court---Appeal filed by Department was dismissed by High Court being barred by limitation---Validity---Inordinate delay in filing appeal before High Court was only a result of gross negligence on the part of Department which sat over the matter for more than 16 months before approaching the Solicitor for the filing of appeal---Supreme Court declined condonation of such negligence on the part of Government functionaries and observed that it was not the first time when such misconduct was committed on the part of Government functionaries in the matter of, protecting public interest; at times the concerned functionaries were in collusion with private parties, had permitted the proceedings to go undefended and then file appeals and revisions etc. in the higher fora only to use the same to cover their illegal and dishonest designs---Supreme Court directed the Government to take stock of such-like conduct on the part of Government functionaries which caused huge losses to public funds and property---Supreme Court refused to take any exception to the passed by High Court---Leave to appeal was refused. Central Board of Revenue v. Messrs Raja Enterprises and others 1998 SCMR 307 fol. Raja Abdul Rehman, A.A.-G., Punjab, Rao Muhammad Yusuf Khan, Advocate-on-Record with M. Abid Khan, S.D.O., Lahore Sub-Division, Irrigation and Power Department for Petitioner. Nemo for Respondent. Date of hearing: 27th December, 2004. ORDER KHALIL-UR-REHMAN RAMDAY, J.--- Riaz Shahid respondent being a Government Contractor was awarded the work of "Extension of Khamba Distributor of R.D.. 22456-32500 (Group "B") R.D. 28000-32500: vide a letter dated 6-1-1986 which was followed by an agreement executed between the parties in the said…

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