The Government Of Punjab Through Secretary Forests, Lahore And Other vs Masooda Begum Through L.Rs. & Other
This review petition was filed by the Government of Punjab against a Supreme Court order dated 5.11.2002, which had allowed the respondent's appeal. The petition was submitted twenty-nine days beyond the statutory limitation period. The core legal question addressed was whether the delay in filing the review petition could be condoned based on the petitioners' explanation that the delay was caused by the late receipt of sanction from the solicitor. The Court held that the explanation provided did not constitute sufficient cause for condonation of delay. Emphasizing the principle that government functionaries must be treated on par with private litigants, the Court rejected the plea for condonation. The key principle laid down is that the state, when acting as a litigant, is not entitled to special treatment regarding limitation periods and must account for each day of delay, failing which the petition is liable to be dismissed as time-barred.
- Is the government entitled to special treatment regarding the limitation period for filing a review petition compared to private litigants?
- Does a delay caused by administrative procedures in obtaining sanction constitute sufficient cause for condoning a delay in filing a review petition?
ORDER This review petition is directed against an order dated 5.11.2002 passed by this Court in Civil Appeal No. 215 of 1999 (Masooda Begum through L.Rs Vs. Government of Punjab through Secretary Forest, Lahore and others) whereby the main appeal was allowed of which review has been sought by the petitioner.
2. Facts of the case need not be reiterated as the same have been stated in the memo, of review as well as in the impugned judgment.
3. Before hearing learned counsel for the petitioners on merit, were have heard learned counsel for the petitioners on the point of limitation as the review petition has been filed twenty-nine days beyond the statutory period prescribed for filing review petition. Learned counsel for the petitioners has given reasons in paras 2 & 3 of his application for condonation of delay that sanction which was to be obtained from the solicitor was received late, therefore, time was concerned, resultantly delay occasioned which could not be said to be intentional but occurred due to be' considered to be sufficient cause for condoning the delay of twenty-nine days when each day's delay is to be accounted for. The Government functionaries are to be treated at par with private litigants as already held time and again by this Court.
4. In the circumstances finding no sufficient cause for condoning the delay, this review petition is