MUHAMMAD GUL, J.---These two petitions for special leave are from the judgment of a Bench of the Lahore High Court, Lahore, dismissing as barred by limitation, L. P. A. No. 317 of 1971 jointly instituted by the petitioner in each of the two petitions herein. These two petitions are also beyond time by 67 days. An application for condonation of delay has been filed in each petition in which the grounds pleaded for condonation are the same.
2. The ground pleaded for condonation is that after obtaining the copies of the impugned judgment, the departmental file was submitted to the Chief Settlement Commissioner for sanction for filing the special leave petitions and for sanctioning funds. The file was mislaid in office and was not traced until 8-5-1973 by which time the limitation had already expired. It took another ten days to discuss the matter with law advisors and to draft the two petitions. Learned counsel submitted that such delays are common in Governmental Offices and the Courts generally take lenient view in such cases. In our view there is no sufficient cause in either of these two petitions. The office of the Chief Settlement Commissioner was certainly remiss in not having taken proper care of the relevant file and then there was no justifiable excuse to delay the filing of these petitions by another ten days after the file was traced. It is firmly established principle that when a litigant has allowed the normal period of limitation for a legal proceeding to expire, he has to explain each day's delay beyond a period of limitation. This Court has always adhered to the view that in civil matters, delay in filing appeals or petitions, save in exceptional cases should not be lightly condoned, for a valuable right has accrued to the other party of which it cannot be deprived except for very substantial reasons. To make departments of Government exception to this rule would be placing a premium on the negligence and want of proper diligence in public offices. It is pertinent to observe that where Legislature considers it necessary to make the Government an exception to the ordinary rule of limitation, it always makes express provisions in that behalf. Sixty years limitation for suits by the Government under Article 149 of the Limitation Act, 1908 (Act IX of 1906) and six months limitation for appeal against acquittal by the Government are instances in point.
Both the petitions are, therefore, dismissed.