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Civil Petition for Special Leave to Appeal No.1259 of 1983, decided on 4th December, 1984).
(From the Judgment of the Punjab Service Tribunal, dated 12‑9‑1983 in Case No.115/101 of 1983).
‑‑‑Art.185(3)‑‑Limitation Act (IX of 1908), S.5‑‑Limitation‑‑Delay due to filing of incompetent review application not condoned‑‑Exercise of jurisdiction on proper consideration of merits‑‑No point of law of general importance being involved, leave to appeal refused by Supreme Court.‑
Ch. Mushtaq Masood, Advocate Supreme Court (absent) and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 4th December, 1984.
.‑‑Leave to appeal has been sought from judgment of Punjab Service Tribunal dated 12‑9‑1983; whereby petitioner's appeal from the order of his dismissal, was held as time -barred and dismissed accordingly.
Learned counsel has contended that the time consumed in pursuing a review application (which further review admittedly was not competent) should have been condoned under section 5 of the Limitation Act.
The Tribunal considered the application under section 5 of the Limitation Act and dismissed it on merits on the finding that there was no justification for filing the incompetent review application. That being so the delay was not condoned. It is a simple case of exercise of jurisdiction one way or the other on proper consideration of the merits. No point of law of general importance is involved. Leave to appeal is refused .
M.I. Leave refused.
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