| Case ID |
20e1ae29-9142-4b7d-a582-b88f7838c059 |
| Body |
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| Case Number |
High Court Appeal No. 317 of 2019 |
| Decision Date |
Oct 22, 2019 |
| Hearing Date |
|
| Decision |
The High Court Appeal was found to be hopelessly time-barred, as the application was filed significantly after the prescribed limitation period. The Court held that the appellants could not claim that the order was void to escape the limitation, emphasizing that a party must establish the invalidity of an order. The Court reiterated that it is the duty of the Court to dismiss cases that are barred by limitation unless plausible reasons for the delay are provided. The Court found no compelling reasons in this case, leading to the dismissal of the appeal. |
| Summary |
In this case, the Sindh High Court dealt with High Court Appeal No. 317 of 2019 concerning the Province of Sindh against M/S Pakrock Corporation (Pvt.) Ltd. The appeal was filed after the expiration of the limitation period, and the Court ruled that merely claiming an order was void does not exempt a party from adhering to limitation laws. The judgement underscored the importance of timely filing and the necessity for parties to substantiate claims of void orders. The decision emphasizes that the law assists those who are vigilant, not those who delay their legal recourse. This case serves as a critical reminder of the legal principles surrounding limitation periods and the necessity for parties to act promptly when seeking legal remedies. The ruling also highlights the role of legal representatives in ensuring adherence to procedural timelines. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
M/S Pakrock Corporation (Pvt.) Ltd.
|
| Judges |
IRFAN SAADAT KHAN,
JUSTICE FAHIM AHMED SIDDIQUI
|
| Lawyers |
Aley Maqbool Rizvi, Additional Advocate General Sindh (AAG)
|
| Petitioners |
PROVINCE OF SINDH,
M/S PAKROCK CORPORATION (PVT.) LTD.
|
| Respondents |
Not available
|
| Citations |
2020 SLD 631,
2020 PLD 136
|
| Other Citations |
Blue Star Spinning Mills Ltd. v. Collector of Sales Tax 2013 SCMR 587,
Muhammad Nawaz and 3 others v. Mst. Sakina Bibi and 3 others 1974 SCMR 223,
Central Board of Revenue, Islamabad v. Messrs Raja Industries (Pvt.) Ltd. 1998 SCMR 307,
Karachi Development Authority v. Messrs Makhdoom Bilawal Cooperative Housing Society and others 2001 SCMR 1277,
Zaibun Nisa Habib v. Ally Rasool 1989 SCMR 416,
Food Department, Gujranwala v. Ghulam Farid Awan 2010 SCMR 1899
|
| Laws Involved |
Limitation Act, 1908,
Civil Procedure Code (V of 1908)
|
| Sections |
3,
5,
12(2),
O.XXIII,R.3
|