| Case ID |
0bdc9ce6-a21f-41ef-b2d2-07dcfc6cdef6 |
| Body |
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| Case Number |
Writ Petition No. 3285 of 2009 |
| Decision Date |
May 28, 2009 |
| Hearing Date |
May 28, 2009 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner against the order of the Additional District Judge, which had rejected the plaint for being barred by time. The court held that the plaintiff's right to file a suit for defamation accrued upon his acquittal, but he filed the suit after the one-year limitation period stipulated by the Limitation Act. The court upheld the reasoning of the Additional District Judge, emphasizing the importance of the law of limitation and its strict application. No infirmity was found in the lower court's judgment, leading to the dismissal of the petition. |
| Summary |
This case revolves around a defamation suit filed by the petitioner, Muhammad Khalid Farooq, against the Additional District Judge and others. The petitioner claimed compensation for defamation after being acquitted of criminal charges. The case highlights key legal principles regarding the Limitation Act and the Civil Procedure Code in Pakistan. The Lahore High Court's decision underscores the necessity for plaintiffs to adhere to statutory time limits when filing suits. The ruling serves as a reminder of the vigilant nature of the law of limitation, which is designed to protect the rights of parties who act promptly. This case is significant for legal practitioners and individuals involved in defamation and civil suits, as it clarifies the implications of timing in legal proceedings. It is essential for lawyers and advocates to be aware of such limitations to effectively represent their clients in court. The outcome of this case reinforces the need for timely legal action and the importance of understanding the intricacies of the law, ensuring that individuals are not denied justice due to procedural oversights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA MUHAMMAD SHAFQAT KHAN ABBASI
|
| Lawyers |
Muhammad Khalid Farooq,
Malik Muhammad Naeem Iqbal
|
| Petitioners |
Muhammad Khalid Farooq
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, BUREWALA, DISTRICT VEHARI,
Zulifqar Ahmad Food Inspector,
Malik Muhammad Naeem Iqbal No.3
|
| Citations |
2010 SLD 1399 = 2010 MLD 68
|
| Other Citations |
Muhammad Yousaf v. Syed Ghayyur Hussain Shah and others 1993 SCMR 1185
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973,
Limitation Act, 1908
|
| Sections |
O.VII,R.2,
O.VII,R.11,
199,
3,
5,
23,
24,
120
|