| Case ID |
4644ded5-63e6-418b-baf3-d69b39549bcf |
| Body |
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| Case Number |
R.F.A. No.39 of 2000 |
| Decision Date |
Dec 23, 2010 |
| Hearing Date |
Dec 20, 2010 |
| Decision |
The Lahore High Court upheld the trial court's decision to reject the plaint based on the grounds of limitation. The suit for recovery of money as compensation for breach of contract was filed eleven years after the breach occurred. According to Article 116 of the Limitation Act, 1908, the suit had to be instituted within six years from the date of breach. The appellants' argument that their suit was not time-barred based on Article 149 was dismissed, as Article 149 is a residual provision and not applicable in cases where a specific article, such as Article 116, governs the matter. Consequently, the appeal was dismissed, affirming the trial court's ruling that the suit was time-barred. |
| Summary |
In the case of R.F.A. No.39 of 2000, decided by the Lahore High Court, the court addressed the issue of limitation in a suit for recovery of money due to breach of contract. The appellants, representing the Islamic Republic of Pakistan, filed the suit against Haji Sultan Mehmood, claiming compensation amounting to Rs.54,87,738.48. The legal framework involved included the Civil Procedure Code and the Limitation Act, specifically Articles 116 and 149. The court ruled that the suit was time-barred, as it was filed eleven years after the breach and beyond the six-year limitation period specified for breach of contract cases. The decision emphasized the significance of adhering to statutory limitations in civil litigation, reinforcing the principle that timely legal action is essential. This case highlights the importance of understanding the implications of the Limitation Act in contract law, making it a pivotal reference for future cases involving similar legal issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD,
SAGHEER AHMED QADRI
|
| Lawyers |
Babar Ali, Standing Counsel for Appellants,
Nemo for the Respondents
|
| Petitioners |
ISLAMIC REPUBLIC OF PAKISTAN and others
|
| Respondents |
Haji SULTAN MEHMOOD through Legal Heir
|
| Citations |
2011 SLD 691,
2011 CLC 986
|
| Other Citations |
Union of India v. R.C. Jall of Indore and another, AIR 1958 Madhya Pradesh 425,
Government of Pakistan, Ministry of Defence, Rawalpindi through Station Commander (HQ) Sialkot v. Muhammad Bashir PLD 2005 Lah. 177
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act, 1908
|
| Sections |
O.VII,R.11,
149,
116
|