| Case ID |
43f223bd-f330-4a39-b3f6-03b6a414fe6b |
| Body |
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| Case Number |
C.R. No. 121 of 2017 |
| Decision Date |
Oct 05, 2017 |
| Hearing Date |
Sep 25, 2017 |
| Decision |
The Islamabad High Court ruled in favor of the petitioner, Khan Afsar, allowing his application for leave to appear and defend the civil suit. The court found that the period of limitation for filing the application had expired during the summer vacations when the courts were closed. Therefore, the court ruled that the application filed on the first day after the courts reopened was not time-barred. The court set aside the trial court's order and remanded the case for a fresh decision, emphasizing that the petitioner should have been given the opportunity to have his affidavit attested by an Oath Commissioner. This decision reinforces the principle that litigants should not be penalized for circumstances beyond their control, such as court closures. |
| Summary |
In the case of Khan Afsar vs. Muhammad Akhtar, the Islamabad High Court addressed critical issues regarding the application of limitation laws in civil procedure. The court carefully analyzed the circumstances under which the petitioner sought leave to defend a summary suit initiated against him for the recovery of Rs.35,00,000 due to a dishonored cheque. The court determined that the limitation period for the application to defend was extended because it expired during a period when the courts were closed for summer vacations. Key legal principles were established, emphasizing litigants' rights to access justice even during court closures. This case highlights the importance of procedural fairness and the necessity for courts to consider the realities faced by defendants, particularly those who may be incarcerated. The decision also reiterates the need for courts to allow reasonable opportunities for compliance with procedural requirements, such as affidavit attestation, thereby ensuring that justice is administered equitably. |
| Court |
Islamabad High Court
|
| Entities Involved |
Al-Karim Flour and General Mills Rawat
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Mian Muhammad Omar Riaz,
Malik Akhtar Abbas
|
| Petitioners |
Khan Afsar
|
| Respondents |
Muhammad Akhtar
|
| Citations |
2019 SLD 2985,
2019 CLC 2033
|
| Other Citations |
Province of Punjab v. Muhammad Saleem PLD 2014 SC 783,
Muhammad Yar v. Muhammad 2003 SCMR 1772,
Nooruddin v. Pakistan through the Secretary, Ministry of Communications 2000 SCMR 354,
Muhammad Ramzan v. Ahmed Bux 1991 SCMR 716,
Fazal Karim v. Ghulam Jilani 1975 SCMR 452,
Silk Bank Limited v. Al-Khan Constructions Company (Pvt.) Ltd. 2017 CLD 496,
Sardar Abdur Rehman v. Fida Hussain 1996 CLC 1571,
Emirates Bank International v. United Exports Limited PLD 1993 Kar. 661
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
S.148,
O.XXXVII,R.2,
O.XXXVII,R.3,
O.XXXVII,R.3(I),
4,
5
|