| Case ID |
1a4d76c8-9f35-4ee9-90da-4844ae5c2a96 |
| Body |
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| Case Number |
Second Appeal No. 49 of 2011 |
| Decision Date |
Dec 18, 2017 |
| Hearing Date |
Nov 01, 2017 |
| Decision |
The Second Appeal No. 49 of 2011 was decided by the Sindh High Court on December 18, 2017. Justice Muhammad Shafi Siddiqui presided over the case, which revolved around issues pertaining to the Civil Procedure Code and the Companies Ordinance. The appellant, Zaka-uddin, challenged the concurrent findings of two lower courts regarding the limitation period for filing the suit for recovery of loan amounts. The court meticulously analyzed the applicability of Section 57 and Section 14 of the Civil Procedure Code, alongside Section 316(1) of the Companies Ordinance. After thorough deliberation, the High Court determined that the suit filed on February 2, 1994, was time-barred under the Limitation Act. Consequently, the concurrent judgments of the lower courts were found to be inconsistent with established legal principles, leading to their overturning. The appeal was consequently allowed, and the impugned judgments were set aside, resulting in the dismissal of the respondent's suit against the appellant. |
| Summary |
In the landmark decision of Second Appeal No. 49 of 2011, adjudicated by the Sindh High Court on December 18, 2017, Justice Muhammad Shafi Siddiqui delved into intricate legal issues surrounding the Civil Procedure Code (V of 1908) and the Companies Ordinance of 1984. The appellant, Zaka-uddin, contested the concurrent findings of two lower courts concerning the statute of limitations applicable to a loan recovery suit. Central to the case was the interpretation of Sections 57 and 14 of the Civil Procedure Code, which dictate the limitation periods for filing suits, and Section 316(1) of the Companies Ordinance. The appellant argued that the suit filed on February 2, 1994, surpassed the permissible timeframe, rendering it time-barred. The respondent, represented by MESSRS S. ASHRAFI ABBASI ASSOCIATES, sought recovery of alleged loan amounts and damages totaling Rs.2 Million, justified by loans and expenditures on structural designs. However, the High Court meticulously examined the dates of loan issuance, application filings, and the exclusion of periods spent seeking remedies in wrong forums under Section 14. Citing pivotal cases such as Hakim Muhammad Buta v. Habib Ahmad and Nazakat Ali v. WAPDA, the court reinforced the inviolate nature of limitation periods in adversarial litigation. Emphasizing that the courts bear the duty to prima facie consider limitation issues irrespective of them being previously raised, the High Court concluded that the suit was indeed filed beyond the statutory period. Furthermore, the respondent failed to substantiate the claimed loss of Rs.2 Million with adequate evidence, weakening their stance. The decision underscored the principle that delays in legal proceedings can adversely affect the rights of parties, aligning with the legal maxim that 'delay defeats equity.' By allowing the appeal, the Sindh High Court not only dismissed the respondent's suit but also set aside the conflicting judgments of the lower courts, thereby upholding the sanctity of statutory limitation periods. This case serves as a crucial reference for legal practitioners and litigants alike, highlighting the paramount importance of adhering to legal timelines and the judiciary's role in enforcing them to ensure justice is both timely and equitable. |
| Court |
Sindh High Court
|
| Entities Involved |
National Bank of Pakistan,
Habib Bank Limited,
United Bank Ltd.,
Allied Bank Limited,
Official Assignee,
MESSRS S. ASHRAFI ABBASI ASSOCIATES,
Pakistan Industrial and Commercial Leasing Ltd.
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
|
| Lawyers |
Abdul Qadir Khan for Appellant,
Shahensha Husain along with Arshad Ali for Respondents
|
| Petitioners |
ZAKA-UDDIN
|
| Respondents |
MESSRS S. ASHRAFI ABBASI ASSOCIATES THROUGH SOLE PROPRIETOR AND OTHERS
|
| Citations |
2018 SLD 2001,
2018 MLD 1408
|
| Other Citations |
Hakim Muhammad Buta v. Habib Ahmad PLD 1985 SC 153,
Nazakat Ali v. WAPDA 2004 SCMR 145,
Farzand Raza Naqvi v. Muhammad Din 2004 SCMR 400,
Muhammad Aslam v. Mst. Ferozi PLD 2001 SC 213,
Pakistan Industrial and Commercial Leasing Ltd. v. Haq Knitwear (Pvt.) Limited PLD 2009 Lahore 52,
National Bank of Pakistan v. Nisar Ahmed 1991 CLC 1958,
Habib Bank Limited v. Khalid Akbar 1989 MLD 4098,
United Bank Ltd. v. Jamila Khatoon 1981 CLC 299 rel.
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Companies Ordinance, 1984
|
| Sections |
57,
14,
316(1)
|