| Case ID |
042c46aa-3251-4de7-8e1f-ea7499f29018 |
| Body |
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| Case Number |
Civil Revision No.1220 of 2011 |
| Decision Date |
Sep 20, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court allowed the revision petition, setting aside the lower court's order that had dismissed the application for rejection of the plaint. The court found that the trial court had failed to properly exercise its jurisdiction regarding the time-bar issue and the validity of the plaintiffs' claims. The court emphasized that the question of limitation was clear and did not necessitate further evidence. The plaintiffs had filed for specific performance after a considerable delay, which rendered their case time-barred. The court concluded that the plaintiffs' claims did not warrant keeping the case alive and thus the plaint was rejected. |
| Summary |
In the case of Civil Revision No.1220 of 2011, the Peshawar High Court examined the rejection of a plaint concerning a suit for specific performance of contract under the Specific Relief Act and the Civil Procedure Code. The plaintiffs sought to enforce an agreement made in 1998, but filed their suit in 2011, leading to questions about the timeliness of their claims. The court ruled that the lower court had erred in its dismissal of the application for rejection of the plaint. The court highlighted that not only the plaint's averments but also the accompanying documents should be considered in determining whether a cause of action was disclosed. The High Court found that the plaintiffs' delay in filing the suit rendered their claims time-barred and emphasized that the question of limitation could be determined without recording evidence. This decision reinforces the importance of timely legal action and the court's role in preventing unnecessary prolongation of litigation. The ruling serves as a reminder for parties to adhere to procedural timelines and the significance of jurisdictional correctness in trial courts. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL, J
|
| Lawyers |
|
| Petitioners |
BAKHTIAR KHAN and 5 others
|
| Respondents |
QASIM JAN and 14 others
|
| Citations |
2014 SLD 1356,
2014 YLR 154
|
| Other Citations |
1988 SCMR 824,
1989 MLD 4873,
2002 YLR 1463,
2006 CLC 303,
1994 SCMR 826,
2002 SCMR 338
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
O. VII, R. 11
|