Law:

Section:

(a) Precedent---- Peculiarities of each case have their own repercussion on all questions of law and facts involved therein. (b) Limitation Act (IX of 1908)--S.5---Delay in-filing-appeal---Condonation---Sufficient-cause-- Government cannot be treated differently than an ordinary litigant while considering the question as to whether sufficient cause has been shown for condonation of delay in an application under S. 5 of the Limitation Act, 1908. Lahore High Court, Lahore through Registrar v. Nazar Muhammad Fatiana and others 1998 SCMR 2376 fol. (c) Limitation Act (IX of 1908)--- ---S.3---Duty of Court---Time-barred claim---Plea that decision on merits suffered from any illegal infirmity, loses all its significance when considered in juxtaposition with letter and spirit of the law requiring Court/forum concerned to dismiss application/petition/appeal, if it is beyond time within the contemplation of S. 3 of Limitation Act, 1908. (d) Land Acquisition Act (I of 1894) ----S.54---Limitation Act (IX of 1908), Ss. 3 & 5---Appeal---Delay of 7 days---Effect---Government filed regular first appeal with delay of 7 days, which was not, sufficiently explained in application for condonation of delay---High Court dismissed the appeal---Validity---Government and/or any specific Department of Federal or Provincial Government, in relation to condonation of delay, were to be treated alike an ordinary litigant---No case for interference with impugned was made out, Supreme Court dismissed the appeal. Pakistan through Secretary, Ministry of Defence v. Messrs Azhar Brothers Limited 1990 SCMR 1059; Commissioner of Income-tax v. Rais Pir Ahmad Khan 1981 SCMR 27; Government of Balochistan through Secretary/Member, Board of Revenue and another v. Ghulam Muhammad and 4 others 2001 SCMR 19 ref. JUDGMENT CH. MUHAMMAD ARIF, J.---This Direct Appeal under section 54 of the Land Acquisition Act, 1894; is directed against the judgment and decree passed by Peshawar High Court Bench, D.I. Khan in R.F.A. No.5 of 1998 on 24-9-1999. 2. The learned Judge in Chambers of the High Court proceeded with resolving the question of limitation of 7 days in filing the regular first appeal against the…

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