PRINCIPAL PUBLIC SCHOOL SANGOTA, GOVERNMENT OF KHYBER PAKHTUNKHWA vs SARBILAND Ss

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PRINCIPAL PUBLIC SCHOOL SANGOTA, GOVERNMENT OF KHYBER PAKHTUNKHWA VS SARBILAND Ss. 3 & 5---Supreme Court Rules, 1980, O. XI, R. 2---Constitution of Pakistan, Arts. 185(2)(d), 185(2)(e) & 185(3)---Two appeals filed before the Supreme Court on the same subject matter, with one filed within the prescribed period of limitation and the other outside---Dispute between plaintiffs and Provincial Government over ownership of land that was in possession of a school---Provincial Government and school filing separate appeals before the Supreme Court against impugned judgment of the High Court, whereby the suit of plaintiffs had been decreed---Appeal filed by school was within the prescribed period of 30 days, however the appeal by the Provincial Government was filed belated with a delay of 19 days with the plea that Provincial Government was under a misapprehension that a petition for leave to appeal, and not an appeal, had to be filed to challenge the impugned judgment of the High Court---Held, that the High Court had set aside the judgment of the Appellate Court, which clearly meant that an appeal lay which had to be filed within thirty days, but this was not done---Provincial Government was supposed to know the law of the country, especially something as basic as the prescribed time period within which an appeal needed to be filed---On the other hand the school knew the law and were vigilant; it filed an appeal within time to protect their interest and the interest of the children studying in the school---Reason given by the Provincial Government to condone the delay did not behoove the Government and the highest law office of the Province---However, since both appeals arose from the same impugned judgment then, even if the appeal filed by the Provincial Government was dismissed because it was belatedly filed, the appeal filed by the school was maintainable and needed consideration.

PRINCIPAL PUBLIC SCHOOL SANGOTA, GOVERNMENT OF KHYBER PAKHTUNKHWA vs SARBILAND Ss — 2022 SCMR 189 SUPREME-COURT

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