| Citation(s) |
|---|
| 2006 SLG 2671 2006 SLD 2671 2006 SCMR 1248 |
Supreme Court of Pakistan
Civil Petition No.1823 of 2004, decision dated: 7-12-2005 (On appeal from the judgment of the Lahore High Court, dated 14-5-2004 passed in R.S.A. No.20 of 1998)
JAVED IQBAL AND HAMID ALI MIRZA, JJ
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Civil Petition No.1823 of 2004, decision dated: 7-12-2005 (On appeal from the judgment of the Lahore High Court, dated 14-5-2004 passed in R.S.A. No.20 of 1998)
JAVED IQBAL AND HAMID ALI MIRZA, JJ
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GOVERNMENT OF PAKISTAN through Ministry of Works and anothers
VS
Messrs MALBROW BUILDERS, CONTRACTOR, SIALKOT-
Law:
Section:
Constitution of Pakistan (1973)-------Art. 185---Supreme Court Rules, 1980, O.Xlll, R.1---Appeal to Supreme Court by Federal Government---Barred by time---Condonation of delay---'Sufficient cause'---Connotation---Question of limitation being not a mere technicality cannot be taken lightly and the rights accrued to the other party due to limitation cannot be snatched away without 'Sufficient Cause' and lawful justification---'Sufficient Cause' is not capable of connotation with exactitude and would differ from case to case but laxity, carelessness and curosory approach of the functionaries of the Government do not constitute sufficient cause and question of any indulgence does not arise---Delinquent officers/officials, who are responsible for such delay must be taken to task being responsible for the loss of public exchequer--No illegality or infirmity having been noticed in the of High Court declining condonation of delay, no preferential treatment could be shown to the Government. Managing Director Sui Southern Gas Company Limited .v.. Ghulam Abbas PLD 2003 SC 724 distinguished. Chairman, District Evacuee Trust v. Abdul Khaliq through Legal Heirs and others PLD 2002 SC 436; Central Board of Revenue, Islamabad through Collector of Customs, Sialkot Dry Port, Sambrial, District Sialkot and others v. Messrs Raja Industries (Pvt.) Ltd. through General Manager and 3 others 1998 SCMR 307; Federation of Pakistan through Secretary Ministry of Foreign Affairs, Government of Pakistan and 5 others v. Jamaluddin and others 1996 SCMR 727 and Government of Punjab through Secretary (Services) S.A.& I Department, Lahore and another v. Muhammad Saleem PLD 1995 SC 396 ref. Raja M. Irshad, Dy. A.-G. (Punjab) M.S. Khattak, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 7th December, 2005. JUDGMENT JAVED 1QBAL, J.--- This petition for leave to appeal is directed against the judgment, dated 14-5-2004 whereby R.S.A. preferred on behalf of petitioner has been dismissed. 2.. Precisely stated facts of the case are that the respondent filed a suit on 1-9-1987 for declaration and rendition of accounts with the averment that pursuant to tenders called on for…
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