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SINDH IRRIGATION AND DRAINAGE AUTHORITY vs PROVINCE OF SINDH — 2026 SCMR 190 SUPREME-COURT

Case information

Citation
2026 SCMR 190 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
SCMR
Parties
SINDH IRRIGATION AND DRAINAGE AUTHORITY vs PROVINCE OF SINDH
Subject matter
Criminal
Provisions referred to
S. 17---T; Arbitration Act (X of 1940); Limitation Act

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

SINDH IRRIGATION AND DRAINAGE AUTHORITY VS PROVINCE OF SINDH. Ss.3, 5 & First Sched. Arts.151 & 156---Arbitration Act (X of 1940), S.17---Time-barred appeal against award made rule of Court by High Court in original jurisdiction---Limitation---Condonation of delay. Civil appeal arose against judgment of Divisional Bench of High Court whereby appeal was dismissed as time-barred. Appellant contended that High Court wrongly applied Article 151 of Limitation Act, 1908 prescribing twenty days limitation for appeal against decree, whereas Article 156 providing ninety days was applicable. Appellant further contended that award made rule of Court was void ab initio and limitation could not run against void order. Supreme Court held that decree was passed by High Court in exercise of original jurisdiction and Article 151 prescribing twenty days limitation was applicable. Even if Article 156 was considered applicable, appeal was filed beyond ninety days. Award being void could not constitute sufficient cause for condonation of delay. Due to negligence and lack of bona fide on part of appellant, there was no justification to burden opposite party with time-barred appeal. Civil appeal was dismissed.

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