Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185 (3)---Limitation Act (IX of 1908), S.5---Delay, condonation of---Principle---Administrative delay---Petition for leave to appeal filed by government agency was barred by 39 days---Plea raised by authorities was that delay was caused due to seeking of permissions from different officers---Validity---Number of cases filed by government agencies were time-barred and it was possible that such petitions were filed either to oblige litigants or to conceal illegality, inaction and negligence of the officers / authorities concerned-In such cases burden of decision was shifted on Court system and Supreme Court neither appreciated such manoeuvre nor approved the same--Government functionaries were equal before the courts and no preferential treatment could be shown to government agencies---Stock explanation of administrative delays was normally pleaded in condonation applications, which explanation did not constitute sufficient cause or reasonable ground to be attached any weight or credibility---Such explanation in fact constituted an admission of guilt and neglect of concerned and thus compounded ever existing managemental inefficiency and lack of decision making in government offices---Those seeking condonation of delay were under legal duty to explain each day's delay and to show their vigilance to avoid such delays which fatally obviated valuable remedy---Grounds mentioned in application for condonation of delay did not disclose any plausible explanation as to the cause of delay, therefore, Supreme Court declined to condone the delay---Supreme Court directed Attorney General and Advocate Generals and law officers under them to act appropriately to ensure avoidance of loss to respective governments---Leave to appeal was refused. East Pakistan v. Abdul Hamid Darfi and others 1970 SCMR 558; Federation of Pakistan v. Niaz Ahmad 1997 SCMR 959; Commissioner of Income Tax v. Rias. Pir Ahmad Khan 1981 SCMR 37; Muhammad Sharif Javaid Warsi's case PLD 2003 SC 6; PLD 2003 Journal 95; Ch. Zahur Ilahi's case PLD 1975 SC 383; Zahid Akhtar's case PLD 1995 SC 530 and Ghulam Mohyuddin's case PLD 1964 SC 829 rel. (b) Constitution of…

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