Pakistan Case Law
2009 SCMR 763

POST MASTER-GENERAL, N.-W.F.P. PESHAWAR vs LIAQUAT ALI and another

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Citation2009 SCMR 763
CourtSupreme Court of Pakistan
Case No.C.P.L.A. No,991 of 2007
Date2008-01-21
Judge(s)Abdul Hameed Dogar, C. J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf
Authored byAbdul Hameed Dogar
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal was filed by the Post Master-General, N.-W.F.P., Peshawar, against the respondents. The petition was submitted seven days beyond the prescribed period of limitation. The learned Deputy Attorney-General attempted to justify the delay by citing a lack of coordination between different government departments. The Court examined whether this administrative reason constituted sufficient cause to condone the delay. Relying on the precedent established in 'Province of Punjab through Secretary, Education v. Kishwar Qudus Paul' (2004 SCMR 571), where a fourteen-day delay due to similar administrative grounds was not condoned, the Court held that the explanation provided did not constitute sufficient cause for the delay. Consequently, the Court refused to condone the delay, dismissed the petition as time-barred, and refused leave to appeal. The judgment reaffirms the principle that administrative lapses or lack of coordination between departments do not automatically constitute sufficient cause for the condonation of delay in filing legal proceedings.

Questions settled in this judgment
  • Does a lack of coordination between government departments constitute sufficient cause for the condonation of delay in filing a petition?
  • Can a petition be dismissed solely on the ground of being time-barred when the delay is attributed to administrative lapses?
limitationcondonation of delaysufficient causetime-barred petitionadministrative negligence

ORDER

1. ' ABDUL HAMEED DOGAR, C.J.--- This petition at the face of it is barred by 7 days for which learned D.A.-G. Submitted that it was due to lack of coordination between different departments, petitioner could not file petition within time. It is hardly a ground for condemnation A of delay. This Court in the case of Province of Punjab through Secretary, Education v. Kishwar Qudus Paul 2004 SCM R 571 on the somewhat similar ground had not condoned the delay of fourteen days for filing petition and dismissed the same finding no sufficient cause. Accordingly this petition being barred by time is dismissed and leave refused.

Cited by 2 cases

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