Law:

Section:

Civil Procedure Code (V of 1908)-------S. 80 & O.VIII, R.10---Limitation Act (IX of 1908). S.5---Time-barred appeal---Condonation of delay---Principle---Summonses, in the present case, were issued only . in the name of Administrator of the Municipal Committee notwithstanding the fact that the Secretary, Local Government was also a party---Without service of the Secretary, Local Government, there was absolutely no justification to strike off defence or close his right to cross-examine the witnesses---Appeal; in the present case, though was time-barred and delay had not been explained in accordance with law, the Court could not shut its eyes and allow injustice to reign supreme---High Court, in circumstances, exercised its suo motu revisional jurisdiction to prevent the abuse of the process of the Court and consequent injustice---State, though could not be given different or preferential treatment in a row between citizens and the State, but at the same time it could not be allowed to be treated in a manner defying all the dictates of procedural law meant to protect its rights as litigant. Sabahuddin Khattak for Appellant. Abdul Sattar Khan for Respondent. Date of hearing; 28th February, 2003. JUDGMENT This R.F.A. is directed against the judgment and decree dated 10-7-2001 of the learned Civil Judge Peshawar whereby he decreed the suit of the respondent for recovery of Rs.10,00,000 (Rs. Ten Lacs) as damages. 2. The learned counsel appearing on behalf of the appellants contended that the appeal in this case could not have been filed within time prescribed therefore as after the promulgation of N.-W.F.P. Local Government. Ordinance, 2001, the entire structure of the Local Government underwent a radical change therefore, the delay in filing the appeal is liable to be condoned and that the order striking off the defence on account of failure of the appellants to file written statements was also uncalled for as they were not served in accordance with the requirements of law. The learned counsel by referring to the order-sheets further submitted that the learned trial Judge was interested just in the disposal of the case with least concern to do justice between the…

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