PAKISTAN COAST GUARDS vs SHAREEF AHMED
This is a petition for leave to appeal filed by the Pakistan Coast Guards against the order of the High Court of Sindh, which dismissed their High Court appeal in limine on the ground of limitation. The core legal question revolves around whether departmental delays and formalities constitute a sufficient ground for condonation of a gross delay in filing an appeal. The Supreme Court of Pakistan held that departmental formalities and procedural delays within government offices do not furnish a sufficient or valid ground for condoning long delays in filing appeals. The Court reaffirmed that gross negligence in prosecuting appeals, such as filing an appeal nearly one year and seven months after obtaining certified copies, justifies the dismissal of the appeal on the ground of limitation. Consequently, the Supreme Court refused to grant leave to appeal, upholding the High Court's dismissal.
- Whether departmental formalities and delays within a government organization constitute sufficient ground for condoning a delay in filing an appeal?
- Can an appellate court dismiss a time-barred intra-court appeal in limine without condoning a gross delay?
- Does obtaining a certified copy of a judgment long before filing an appeal without satisfactory explanation defeat a plea for limitation condonation?
ORDER
' AJMAL MIAN, C.J.----This is a petition for leave to appeal against the order, dated 11-4-1997 passed by a Division Bench of the High Court of Sindh in High Court Appeal No,34 of 1997, filed by the petitioner against the judgment/decree dated 2-4-1995 of a learned Single Judge of same High Court in Suit No,308 of 1987 for the recovery of damages decreeing the above suit to the extent of Rs,2,72,000 with 14% interest from the date of decree to the date of actual payment with costs, dismissing the same in limine.
2. The brief facts are that the respondent filed the afore-mentioned suit for the recovery of Rs,25,00,000 on account of injuries sustained by him because of rash and negligent driving of a water tanker bearing registration No,GP 78 belonging to the petitioner while he was crossing road at Old Numaish. The above suit was resisted inasmuch as written statement was filed by the petitioner. A learned Single Judge of the High Court of Sindh framed as many as five Issues. After recording evidence and hearing the parties, he decreed the suit partly in the above terms. The petitioner instead of filing aforesaid High Court appeal within 30 days plus the time spent in obtaining certificate copies of the above judgment and decree, filed the same on 26-1-1997 i.e, after nearly one year and none months. The learned Division Bench dismissed the afore- mentioned High Court appeal in limine on the ground of limitation. The petitioner, has, therefore, filed the present petition for leave to appeal.
3. Mr. Akhlaq Ahmed Siddiqui, learned Advocate-on-Record for the petitioner, has vehemently contended that the High Court should not have dismissed the aforesaid High Court Appeal in limine on the ground of limitation as the departmental formalities take longer period before an appeal can be filed against a judgment decree.
4. It may be stated that this ground has been repeatedly found insufficient by this Court inter alia in the case of Commissioner of Income Tax v. Rais Pir Ahmed Khan (1981 SCM R 37) and in the case of Federation of Pakistan Through Secretary, Ministry of Foreign Affiars, Government of Pakistan, Islamabad and 5 others v. Jamaluddin and others (1996 SCM R 727 at page 730).
5. Even otherwise we find that there was gross negligence on the part of the department inasmuch as certified copy of the judgment/decree was obtained in July, 1995, whereas the afore-mentioned High Court Appeal was filed on 21-1-1997 i.e, after expiry of nearly one year and seven months. In this view of the matter, no exception can be taken to the impugned judgment. The learned Judges of the Division Bench have exercised discretion property in not overlooking the delay of the above period. Leave is refused.
Cited by 2 cases
- M/s Colony Textile Mills Limited and another vs First Punjab Modaraba 2021 LHC 1774, 2021 CLD 1212, 2022 [M] CLR 1670
- Asif Saleem vs Chairman BOG University of Lahore etc 2020 [M] C L R 808, 2019 PLD Lahore 407, 2019 LHC 1620, 2019 PLD Lahore 407