livelawpk.com - Special Laws like the Gas Act Override the Limitation Act

Special Laws like the Gas Act Override the General Provisions of the Limitation Act, 1908: The Law does not Favor Extending the Statutory Period for filing Appeals, especially due to Procedural Negligence --- Lahore High Court

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Islamabad 27-06-2024: In a recent ruling, Mr. Justice Muhammad Iqbal of the Lahore High Court dismissed the appeal [R.F.A. No. 36584/2024] filed by Sui Northern Gas Pipelines Limited (SNGPL) against respondent Fabrics, citing a significant delay in filing the appeal as the primary reason.

SNGPL filed a suit for the recovery of Rs. 12,19,57,918 from respondent Fabrics for the consumption of gas. The respondent Fabrics countered with a suit for declaration, mandatory, and permanent injunction against SNGPL. The Gas Utility Court in Faisalabad consolidated both suits, leading to a decision in favor of respondent Fabrics on 17-03-2022.

SNGPL filed the appeal on 07-05-2022, and faced objections from the Court's office. However, the appeal was only re-filed on 08-06-2024, a delay of approximately 2 years and 2 months. Under Section 13 of the Gas (Theft Control and Recovery) Act, 2016, an appeal must be filed within 30 days. SNGPL’s appeal was significantly beyond this period, rendering it time-barred. SNGPL sought condonation of the delay under Section 5 of the Limitation Act, 1908, arguing that the file was misplaced and the delay was unintentional. The Court rejected this application, emphasizing that the special law's provisions take precedence over general law.

The Court noted that the negligence and misconduct of SNGPL’s officers were apparent, given the significant delay in re-filing the appeal after the initial objections. The Court highlighted the importance of adhering to statutory deadlines to prevent endless litigation and ensure justice. The Lahore High Court's decision underscores the critical importance of adhering to statutory limitations for filing appeals and highlights the consequences of administrative negligence within organizations.