| Case ID |
2fd1d394-9877-4474-9dd5-19b6d437b591 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.204-Q of 199 |
| Decision Date |
Nov 08, 1999 |
| Hearing Date |
Nov 08, 1999 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment and order of the Balochistan High Court, which had previously dismissed a second appeal filed by the Government of Balochistan. The court held that the appeal was time-barred and did not comply with the requirements for condonation of delay. The petitioner failed to provide satisfactory explanations for the delay attributed to the negligence of government officials, thus no preferential treatment was warranted. The court emphasized that the provincial government is treated equally with other litigants regarding limitations. The decision also reaffirmed that the lower courts acted within their jurisdiction and the appeal was rightfully dismissed. |
| Summary |
This case revolves around the procedural aspects of appeals within the legal framework of Pakistan, particularly focusing on the Civil Procedure Code and the Limitation Act. The Supreme Court addressed critical issues regarding the filing of appeals, the necessity of providing sufficient reasons for delays, and the treatment of government entities in the context of legal proceedings. The court's decision highlighted the importance of adhering to statutory timelines and the implications of negligence on the part of government officials in the legal process. Additionally, the case underscores the principle that all litigants, including government bodies, must comply with the same legal standards, ensuring fairness and equality in access to justice. This ruling serves as a precedent for similar cases involving procedural delays and the responsibilities of parties in legal actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Balochistan,
M/s. Sadullah Khan & Brothers,
Public Health Engineering Department,
Akra Kour Dam Project
|
| Judges |
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF
|
| Lawyers |
Raja Abdul Ghafoor, Advocate-on-Record for Petitioner,
Nemo for Respondent
|
| Petitioners |
GOVERNMENT OF BALOCHISTAN, PUBLIC HEALTH ENGINEERING DEPARTMENT
|
| Respondents |
MUHAMMAD IBRAHIM
|
| Citations |
2000 SLD 882,
2000 SCMR 1028,
2000 SLD 1294
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
96,
100,
5,
185(3)
|