| Case ID |
0a7cb0cb-5f91-47bc-94bd-d37eb3c3cffc |
| Body |
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| Case Number |
Civil Appeal No. 428 of 1986 |
| Decision Date |
Jan 27, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal against the judgment of the Lahore High Court, which had dismissed the application under S. 12(2) of the Civil Procedure Code on the grounds of limitation. The Court found that the application was filed within the prescribed three years following the final disposal of the case by the High Court. The Court emphasized that Article 181 of the Limitation Act applies to proceedings under S. 12(2), confirming that the application was timely. The Court also referenced precedents regarding abatement and the continuation of suits despite the death of a party. The original order dismissing the application was set aside, and the case was remanded to the High Court for a decision on the merits, with no order as to costs. |
| Summary |
The case revolves around the legal principles related to the Civil Procedure Code and the Limitation Act, particularly focusing on the application under S. 12(2) of the C.P.C. The Supreme Court of Pakistan addressed the dismissal of this application by the Lahore High Court, which was based on the grounds of limitation. The Court clarified that such applications must be made after the final disposal of the case, and in this instance, the application was indeed filed within the allowed timeframe. The Court's decision emphasized the application of Article 181 of the Limitation Act, reinforcing its relevance to proceedings under the C.P.C. The judgment highlighted the significance of proper legal representation and the necessity of including all necessary parties in legal proceedings. The Court's ruling not only reinstated the application for further consideration but also set a precedent for future cases regarding the treatment of applications post-final disposal, particularly in the context of abatement and the rights of parties following the death of a plaintiff. This case serves as a critical reference point for understanding the intersection of procedural law and constitutional petitions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY, J
|
| Lawyers |
Not available
|
| Petitioners |
Mst. KUBRA BEGUM,
Mst. SHAD BEGUM
|
| Respondents |
Not available
|
| Citations |
1993 SLD 862,
1993 SCMR 2096
|
| Other Citations |
Muhammad Iqbal v. Muhammad Alamgir 1990 SCMR 1377,
Khushi Muhammad v. Aziz Bibi 1980 SCMR 531
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
12(2),
Art. 181,
Art. 199
|