' NAZIM HUSSAIN SIDDIQUI, J.---Petitioner, Raees Ahmed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeks leave to appeal against the judgment dated 13-5-2000, of a learned D.B. High Court of Sindh, whereby H.C.A. No,179 of 1996 was dismissed on the ground of limitation and the judgment and decree dated 16-9-1996 passed by learned Single Judge, in Administrative Suit No,444 of 1980, were affirmed.
2. It is admitted before us that the appeal was time-barred. Mr. K.W. Wahab, learned Advocate-on- Record, for the petitioner argued that objection regarding limitation was neither raised by the office at the time when appeal was presented nor at any subsequent stage and that said objection was only raised on 7-3-2000 when the appeal was fixed for regular hearing. He also submits that immediately thereafter, learned counsel offered to file an application, under section 5 of the Limitation Act, but so was not allowed with an observation that "Obviously, the action was just to fill up the gap. Had there been any cogent reason for the delay in filing the appeal, the appellant would have filed the application for condonation of delay alongwith the appeal, which was filed in 1996".
3. Thus, it is clear that the delay was not satisfactorily explained. Nothing is said about the merits of the case.
4. In consequence, leave to appeal is refused and the petition is dismissed.