| Case ID |
3d627f49-c89f-45bb-9164-10c26d29eaee |
| Body |
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| Case Number |
Constitutional Petition No. S 18 of 1978 |
| Decision Date |
Nov 25, 1978 |
| Hearing Date |
Nov 25, 1978 |
| Decision |
The court held that even if the appeal is time-barred, the law of limitation still applies to the case. The authority having jurisdiction may pass wrong orders, but that does not exempt such orders from the law of limitation. Therefore, it was concluded that the contention regarding the applicability of the limitation law was incorrect. |
| Summary |
The case revolves around the interpretation of the Limitation Act (IX of 1908), specifically Section 3, where the petitioner contested the applicability of the law of limitation due to an alleged illegal order by an authority. The Sindh High Court determined that the law of limitation remains applicable even if the orders passed by the authority are deemed incorrect. This case highlights the importance of adhering to legal timelines and the jurisdictional boundaries of courts. The decision reinforces the principle that legal authorities, while having the power to make decisions, are still bound by the law of limitation, which serves as a crucial aspect of legal proceedings. This case serves as a significant precedent in matters concerning the Limitation Act, ensuring that parties involved are reminded of their obligations under the law, even when disputes arise regarding the legality of orders passed by relevant authorities. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
MUSHTAK ALI KAZI, J
|
| Lawyers |
Abdul Mateen for Petitioner,
Nemo for Respondents Nos. 1 and 2
|
| Petitioners |
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAY, KARACHI
|
| Respondents |
2 OTHERS,
LABOUR COURT No. VI, HYDERABAD
|
| Citations |
1979 SLD 238,
1979 PLD 443
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
3
|