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GOVERNMENT OF PAKISTAN versus DEPUTY COMMISSIONER, KARACHI


Section 5 Delay Limit The position of the Kondo nation that this delay should be waived is because the government's machinery works too long to manage a lawsuit, the government is reprimanded if convicted, Priority Claims Cannot Be Claimed [Delayed Delay]

1981 C L C 1148

[Karachi]

Before Abdul Hayee Kureshi and Saeeduzzaman Siddiqui, JJ

GOVERNMENT OF PAKISTAN THROUGH SECRETARY,

MINISTRY OF DEFENCE‑Appellant

versus

DEPUTY COMMISSIONER, KARACHI AND 10 others‑Respondents

Letters Patent Appeal No. 136 of 1980, heard on 10th March, 1980.

(a) Limitation Act (1X of 1908)‑--------

------S. 5‑Limitation‑Condo nation of delay‑Contention that delay should be condoned because machinery of Government takes inordi nately longtime to make arrangements for filing cases‑Repelled-- Government in matter of condonation, held, cannot claim preferential treatment.‑‑[Condonation of delay].

Province of East Pakistan v. Abdul Hamid Darji and others 1970 S C M R 559 and Commissioner of Income‑tax v. Ravi Textile and Carpet Company 1968 SCMR115rel.

(b) Civil Procedure Code (V of 1908)‑‑

------S. 149 read with Court Fees Act (VII of 1870), S. 4 ‑Deficit court fee‑Party in default‑Held : Not entitled to exercise of discretion under S. 149, C. P. C.

Sadiqunnisa v. Khan Sahib Agha Muhammad Sultan Mirza and 8 others P L D 1972 Kar. 103 and H. H. S. Feldman v. The Province of East Pakistan P L D 1970 Kar. 296 ref.

S. A. Hasnain for Appellant.

Hassan Akbar for Respondent No. 1.

Khuda Bakhsh Omrani and Mehar Hussain Mesawa for Respondents Nos. 2 to 11.

Date of hearing : 10th March, 1980.

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