SHER BAHADUR vs THE GOVERNMENT OF N.W.F.P. through the Secretary for Agriculture and another

This petition for leave to appeal was filed against an order of the N.-W.F.P. Service Tribunal, Peshawar, which had dismissed the petitioner's service appeal. The core legal issue before the Supreme Court was whether the Service Tribunal erred in dismissing the appeal on the grounds of limitation. Specifically, the Tribunal had found that the appeal was filed one day beyond the prescribed period of limitation and that the petitioner had failed to file an application under Section 5 of the Limitation Act to seek condonation of this delay. Upon hearing the petitioner in person, the Supreme Court examined the record and determined that the petitioner could not demonstrate any error in the Tribunal's finding regarding the delay or the absence of a condonation application. Consequently, the Supreme Court held that there were no valid grounds for interference with the Tribunal's order. The petition was dismissed, reaffirming the principle that an appellate forum is justified in dismissing an appeal as time-barred when the statutory period of limitation has expired and no formal application for condonation of delay has been submitted.