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ZAWWAR HUSSAIN versus SECRETARY, MINISTRY OF PLANNING & DEVELOPMENT POPULATION WELFARE DIVISION


Article 212 (3) of the Limitation Act (IX of 1908), section 5 withholding on a limited time appeal
1986 S C M R 1826

Present: Muhammad Afza1 Zullah, S. A. Nusrat, and Ali Hussain Qazilbash, JJ

Syed ZAWWAR HUSSAIN‑‑Petitioner

versus

THE SECRETARY, MINISTRY OF PLANNING & DEVELOPMENT POPULATION WELFARE DIVISION and others‑‑Respondents

Civil Petition No. 63‑K of 1986, decided on 25th August, 1986.

(On appeal from the judgment and order of the Federal Service Tribunal at Karachi passed in Appeal No. 86(K) of 1983).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212(3)‑‑Limitation Act (IX of 1908), S.5‑‑Limitation‑‑Time barred appeal‑‑No application /request made for condonation of delay‑‑Order of Service Tribunal dismissing appeal as time‑barred, upheld‑‑Leave to appeal refused.

Petitioner in person.

Nemo for Respondents.

Date of hearing: 25th August,‑ 1986.

ORDER

S.A.NUSRAT, J.‑‑

The Service Appeal of the petitioner was dismissed on the ground that it was filed beyond the period of limitation and was time‑barred. The Tribunal also found that no application for request for condonation of delay was made.

2. The petitioner, who appeared in person, admitted that he had not applied for condonation of delay before the Tribunal. The order of the learned Tribunal in the circumstances, is unexceptionable. The petition is accordingly dismissed.

M . I . Petition dismissed

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