ZULFIQAR HUSSAIN vs THE SECRETARY /CHAIRMAN MINISTRY OF RAILWAYS,
This matter comes before the Supreme Court of Pakistan as a petition for leave to appeal directed against the judgment of the Federal Service Tribunal, which had dismissed the petitioner's appeal on the ground of being barred by time. The core legal question concerns whether sufficient justification existed to condone the long delay in filing the appeal before the Tribunal. The Supreme Court held that no justification was made out for the condonation of the delay, and consequently found no grounds to interfere with the impugned judgment. The petition was accordingly dismissed. The key principle laid down is that an appeal filed beyond the prescribed period of limitation cannot be entertained without sufficient cause being shown for the entirety of the delay.
- Whether an appeal dismissed by the Federal Service Tribunal as barred by time warrants interference when no justification for condonation of delay is shown?
- Is a party entitled to condonation of a long delay in filing an appeal without establishing sufficient cause?
ORDER
1. ABDUL KADIR SHAIKH, J.-- This is a petition for leave to appeal from the judgment of Federal Service Tribunal dated 21-2-1985 dismissing an appeal filed by the petitioner as barred by time.
2. After having heard the learned Advocate-on-Record in the light of record we find no justification for interference for petitioner's appeal was entirely barred by time and no justification at all was made out for the condonation of the long delay. The petition is therefore dismissed.