| Case ID |
44023351-3c7a-4002-9327-74b9a92bcf73 |
| Body |
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| Case Number |
Regular First Appeal No. 148 of 1956 |
| Decision Date |
Feb 13, 1959 |
| Hearing Date |
Nov 13, 1958 |
| Decision |
The Lahore High Court dismissed the appeal of Muhammad Akbar Khan against the order of the Civil Judge 1st Class Lahore, which had dismissed his suit for the recovery of Rs. 88,447-7-3 against the Province of West Pakistan. The Court found that the suit was barred by limitation, as the claim was not instituted within the prescribed period. It was determined that the burden lay on the plaintiff to demonstrate that the suit was filed within the limitation period, and since the evidence showed that the cause of action had accrued more than three years prior to the filing of the suit, the appeal was dismissed. The Court also clarified that the principle of 'suspension of limitation' did not apply as there were two distinct causes of action, and thus the previous suit could not delay the limitation for the current claim. |
| Summary |
In the case of Muhammad Akbar Khan vs. The Province of West Pakistan, the Lahore High Court addressed significant issues relating to the Limitation Act of 1908. The core of the case revolved around whether the plaintiff's suit was filed within the appropriate limitation period. The Court ruled that the plaintiff failed to meet the burden of proof required to establish that the suit was timely. Furthermore, the Court examined various sections of the Limitation Act, emphasizing that the acknowledgment of liability must be clear and that the principles governing express trusts were not applicable in this case. The decision underscored the importance of adhering to statutory deadlines in legal proceedings, particularly in cases involving financial claims against government entities. |
| Court |
Lahore High Court
|
| Entities Involved |
Province of West Pakistan
|
| Judges |
Habibullah Khan,
Shabir Ahmad
|
| Lawyers |
Sardar Muhammad Iqbal,
Mushtaq Ahmad,
Mazhar-ul-Haq,
Jamil Hussain Rizvi
|
| Petitioners |
Muhammad Akbar Khan
|
| Respondents |
The Province of West Pakistan
|
| Citations |
1959 SLD 41,
1959 PLD 295
|
| Other Citations |
Mst. Itanee Surno Moyee v. Shooshee Mokhee Burmonia and others 12 Moore's I A 244,
Bassu Kaur and others v. Dhum Singh I L R (sic) All. 47
|
| Laws Involved |
Limitation Act, 1908
|
| Sections |
10,
19,
62
|