| Case ID |
00f90ac2-f86e-402b-a308-96f8b33a18f3 |
| Body |
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| Case Number |
Second Appeal No. 03 of 2022 |
| Decision Date |
Jan 24, 2024 |
| Hearing Date |
Jan 10, 2024 |
| Decision |
The appeal was dismissed as both courts had properly appraised the evidence and no legal technicalities justified interference. The concurrent findings of the trial and appellate courts were upheld, emphasizing that a person's unpaid legitimate claim is considered property under Article 24 of the Constitution. The courts found that the suit for recovery was time-barred under the Limitation Act, as the acknowledgment of liability was not valid for extending the limitation period. The decision highlights the strict interpretation of limitation laws and affirms the protection of property rights. |
| Summary |
In the case NINA INDUSTRIES LIMITED vs. BHANERO TEXTILE MILLS, the Sindh High Court addressed a Second Appeal concerning a recovery suit that had been decreed in favor of the Respondent. The Appellant contended that the suit was time-barred under the Limitation Act, arguing that the courts overlooked the critical issue of limitation. The court examined the acknowledgment of liability and determined that the last delivery was made on April 20, 2007, and subsequent correspondence did not extend the limitation period. The ruling emphasized that legitimate claims are protected as property, and both courts had appropriately evaluated the evidence without error. The appeal was ultimately dismissed, reinforcing the importance of strict compliance with limitation laws and the protection of property rights under the Constitution of Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Faisal Kamal Alam
|
| Lawyers |
Waqar Ahmed,
Abdullah Azzam Naqvi,
Danish Nayyer,
Zahid Ali Sehto,
Qubra Ali
|
| Petitioners |
NINA INDUSTRIES LIMITED
|
| Respondents |
BHANERO TEXTILE MILLS
|
| Citations |
2024 SLD 4889,
2024 PLJ 50
|
| Other Citations |
PLD 2016 Supreme Court 872,
2010 SCMR 1408,
2006 CLD 258 [Karachi],
PLD 2012 Karachi 182
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908,
Constitution of Pakistan, 1973
|
| Sections |
1,
2,
100,
3,
19,
52,
244,
260
|