| Case ID |
37fa55db-f818-4d67-82ea-aab6dc18f12f |
| Body |
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| Case Number |
Suit No.768 of 2000 |
| Decision Date |
Jan 17, 2006 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the suit filed by the plaintiff for recovery of Dhirhams 3,70,000, determining that the suit was time-barred under Article 117 of the Limitation Act. The court noted that the plaintiff failed to produce any written acknowledgment of the debt by the defendant, making the protection under S.19 of the Limitation Act inapplicable. Furthermore, the court ruled that the starting point for limitation was the date of the appellate judgment, which was more than six years prior to the filing of the current suit. As a result, the suit was barred by limitation, and the court found no merit in the arguments presented regarding res judicata and jurisdiction. The court emphasized the necessity of adhering to procedural requirements and the importance of timely filing in accordance with statutory provisions. |
| Summary |
This case revolves around the enforcement of a foreign judgment concerning a debt dispute. The plaintiff, Messrs Farm and Foods International, sought recovery of a substantial amount based on a prior decree from a Dubai court. The primary legal issues included the applicability of the Limitation Act and Civil Procedure Code regarding foreign judgments. The court highlighted the necessity of written acknowledgment for claims under the Limitation Act, ruling that the absence of such acknowledgment rendered the plaintiff's claims untenable. The decision reinforces critical legal principles regarding limitations and the enforcement of foreign judgments within Pakistani jurisdiction, emphasizing the need for compliance with procedural norms. The case is significant for practitioners dealing with cross-border commercial disputes, particularly in understanding the limitations imposed by local laws on the enforcement of foreign decrees. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NADEEM AZHAR SIDDIQI, J
|
| Lawyers |
Abdul Latif A. Shakoor for Plaintiff,
Shafaat Hussain for Defendant
|
| Petitioners |
Messrs FARM AND FOODS INTERNATIONAL through Attorney
|
| Respondents |
HAMID MAHMOOD
|
| Citations |
2006 SLD 2021,
2006 CLC 492
|
| Other Citations |
Muhammad Suleman v. Habib Bank Limited 1987 MLD 2757,
Baijnath Karnani v. Vallabhdas Damani AIR 1933 Mad. 511,
Mian Nazeer Ahmad v. Abdur Rasheed Qureshi 1986 CLC 1309,
Grosvenor Casino Ltd. v. Abdul Malik Badruddin 1997 SCMR 323,
Emirates Bank Ltd. v. Messrs Oosman Brothers 1990 MLD 1779,
Mst. Amir Begum v. Lt.-Col. S. Mir Fateh Shah PLD 1968 Kar. 10,
Abdul Ghani v. Haji Saley Muhammad PLD 1960 (W.P.) Kar. 594
|
| Laws Involved |
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
19,
20,
117,
13
|