QAZI MUHAMMAD FAROOQ, J.---This painfully time-barred Regular First Appeal is directed against the judgment and decree dated 11-5-1993 of the learned. Senior Civil Judge/Land Acquisition Judge, Swabi whereby in partial modification of the Collector's award the compensation of certain acquired land was enhanced from Rs.39,847. 20 to Rs.1,37,541. 60 per Kanal.
2. With a view to meet the shortcoming C.M. No.130/94 was filed alongwith the appeal for condonation of delay on the grounds of negligence of the learned counsel who represented the appellants in the trial Court and financial loss to the Government.
3. It was contended by the learned counsel for the appellants that the learned counsel representing the appellants at the lower forum had unilaterally left the case unattended and the appellants were throughout labouring under a bona fide belief that they were being represented before the Court and when the' got the knowledge of the decree they obtained a certified copy of the same and filed this appeal. .
4. The impugned judgment and decree were passed on 11-5-1993, the application for certified copies was moved on 18-4-1994, the copies were I supplied on 5-5-1994 and this appeal was filed on 27-7-1994. The appeal is thus barred by 334 days. It is not only a case of indifference on the part of the counsel for the appellants in the trial Court but also a case of gross negligence on the part of the appellants and their representatives to keep themselves in touch with the progress of the case.
On both counts the main ground for condonation of delay cannot be termed as 'sufficient cause' within the scope of section 5 of the Limitation Act. Reference in this context may be made to Jhanda v. Maqbool Hussain etc. (1981 SCM R 126). It is needless to mention that in the matter of limitation the Government is at par with an ordinary litigant Besides, the appellant-, have not explained every day of the delay. A case for condonation of delay is thus not made out.
Resultantly, C.M. No.130/94 is dismissed and as a corollary the appeal is also dismissed in limine as time-barred.