SCMR 1999

1999 PLP 2260 (SCMR)

and Power Department, Punjab, Lahore — Petitioner Versus Syed KHIZAR ABBAS — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petition No.839-L of 1998, decided on 6th July, 1998.
Honorable Judges
Irshad Hasan Khan and Ch. Muhammad Arif, JJ
Case Reference Summary (AEO Optimized)
Citation 1999 PLP 2260 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Irshad Hasan Khan and Ch. Muhammad Arif, JJ
Parties and Power Department, Punjab, Lahore — Petitioner Versus Syed KHIZAR ABBAS — Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1999 PLP 2260 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1999 PLP 2260 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1999 PLP 2260 (SCMR) (and Power Department, Punjab, Lahore — Petitioner Versus Syed KHIZAR ABBAS — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Ehsan Sabri, Assistant Advocate-General for Petitioner.
  • Hafiz Tariq Nasim, Advocate Supreme Court with Ch. Muhammad Aslam, Advocate-on-Record for Respondent.
  • Date of hearing: 6th July, 1998.

Headnotes / Summary

(On appeal from the judgment, dated 6-2-1998, passed by the Punjab Service Tribunal, Lahore in Appeal No. 1123 of 1996).

Art. 212(3)

Limitation Act (IX of 1908), S. 5

Petition for leave to appeal --Limitation

Condonation of delay

Delay of fifty-seven days in filing petition for leave to appeal on behalf of Government was sought to be condoned on ground of initial difference of opinion between petitioner and solicitor for filing petition which was resolved by solicitor in favour of petitioner

Validity

Such plea would not constitute a valid ground for condonation of delay

Government was not entitled to any preferential treatment qua ordinary citizens in application of law of limitation.

Judgment & Decree

IRSHAD HASAN KHAN, J.

This petition for leave to appeal is directed against the judgment, dated 6-2-1998 passed by the Punjab Service, Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No. 1123 of 1996.

2. The petition is admittedly barred by 57 days inasmuch as, the impugned judgment was announced by the Tribunal on 6-2-1998. The petitioner moved an application for obtaining certified copy of the impugned judgment on 6-2-1998. The same was completed for delivery on 12-2-1998. Time spent during preparation was seven days. Delay is sought to be condoned on ground of initial A difference of opinion between the petitioner Department and the Solicitor Department for filing this petition for leave to appeal which was ultimately resolved by the Solicitor in favour of the petitioner.

3. We are afraid, this does not constitute a valid ground for condonation of delay. It has repeatedly been held by this Court that the Government is not entitled to any preferential treatment qua ordinary citizens in the applications of law of limitation.

4. The petition is, therefore, dismissed being barred by time and leave declined. H.B.T./G-31/S Petition dismissed.