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2000 SCMR 224

DISTRICT HOUSING COMMITTEE, HOUSING AND PHYSICAL PLANNING DEPARTMENT, DISTRICT BHAKKAR through Secretary and anothers vs RAB NAWAZ AWAN, ADVOCATE and anothers

Petitioner: DISTRICT HOUSING COMMITTEE, HOUSING AND PHYSICAL PLANNING DEPARTMENT, DISTRICT BHAKKAR through Secretary and anothers VS Respondent: RAB NAWAZ AWAN, ADVOCATE and anothers

Court: Supreme Court of Pakistan Decision Date: 1999-09-09

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Sh. Ijaz Nisar Title:DISTRICT HOUSING COMMITTEE, HOUSING AND PHYSICAL PLANNING

DEPARTMENT, DISTRICT BHAKKAR through Secretary and anothers vs RAB NAWAZ AWAN, ADVOCATE and anothers Case No.: Civil Petition for Leave to Appeal No.632-L of 1999 W.P. No.13031 of 1997 Date of Judgment:1999-09-09 Reported As: 2000 SCMR 224 Result: Petition dismissed Judgment ORDER ' IRSHAD HASAN KHAN, ACTG. C.J.---This petition for leave to appeal is directed against the order/ judgment dated 24-11-1998 passed by the Lahore High Court in W.P. No.13031 of 1997. 2. The petition is barred by 76 days. Delay is sought to be condoned on the ground that the Secretary Housing moved the Solicitor, Government of Punjab, for obtaining necessary sanction for which some time was consumed. 3. We are afraid, this does not constitute a valid ground for condo-nation of delay. The Government is not entitled to any preferential treatment in the matter of limitation. ' When faced with this, the learned counsel for the petitioner relied on State v. Nazir Ahmed (1999 SCM R 610) to contend that depending upon the facts and circumstances of each case, this Court is competent to condone the delay. There is no cavil with the proposition that this Court is not powerless to condone delay in appropriate cases. However, a good case on merits does not per se constitute a vailed ground for condo-nation of delay. This is not a fit case for condo-nation of delay. ' Resultantly, the petition is dismissed as time-barred and leave is declined.

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