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SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, PESHAWAR vs PARCON ASSOCIATE GOVERNMENT CONTRACTORS through Muhammad Haroon Ss — 2025 CLD 680 SUPREME-COURT

Case information

Citation
2025 CLD 680 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
CLD
Parties
SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, PESHAWAR vs PARCON ASSOCIATE GOVERNMENT CONTRACTORS through Muhammad Haroon Ss
Subject matter
Civil
Provisions referred to
S. 18---L; West Pakistan Civil Courts Ordinance (II of 1962); Limitation Act (IX of 1908); Limitation Act; West Pakistan Civil Courts Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, PESHAWAR VS PARCON ASSOCIATE GOVERNMENT CONTRACTORS through Muhammad Haroon Ss. 14 & 17---West Pakistan Civil Courts Ordinance (II of 1962), S.18---Limitation Act (IX of 1908), Ss. 5 & 14---Condonation of delay---Wrong appellate forum---Petitioner/authorities were aggrieved of award being made rule of the Court, and preferred appeal before High Court but the same was dismissed for lack of pecuniary jurisdiction---Lower Appellate Court and High Court declined to condone the delay caused due to filing of appeal before High Court---Validity---Delay of time in filing of appeal, application or suit may be condoned but subject to plausible and reasonable explanation---One who seeks condonation of delay has to explain each and every day's delay---Petitioner/authorities could not put-forward reasonable and plausible justification/explanation for filing appeal after about two years of passing of judgment and decree by Trial Court---Earlier appeal filed before High Court was not a reasonable justification---Petitioner/ authorities could not claim to be treated in any manner differently from an ordinary litigant---Time consumed in pursuing appeal in wrong forum could not be condoned under section 5 of Limitation Act, 1908---Time spent in pursuing proceedings before wrong appellate forum could not be excluded for the purposes of filing of an appeal---If appeal was barred by time, provisions of section 5 of Limitation Act, 1908, could only be invoked, that too, by showing sufficient cause---Forum of appeal was regulated by jurisdictional value in plaint---In presence of section 18 of West Pakistan Civil Courts Ordinance, 1962 there could be no doubt or complication to determine forum of appeal---Provisions of sections 5 and 14 of Limitation Act, 1908 would come into play only if delay appeared to be condonable because of the petitioners/authorities prosecuting their case with due diligence---Supreme Court declined to interfere in the judgment passed by High asCourt---Petition for leave to appeal was dismissed and leave to appeal was refused.

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