| Case ID |
52aabf0b-6fb3-4550-bacb-0a2fcf4abba5 |
| Body |
View case body. Login to View |
| Case Number |
Regular Second Appeal No.35 of 2006 |
| Decision Date |
May 08, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Regular Second Appeal No.35 of 2006 filed by Mst. Saeeda Akhtar Sadiq for recovery of Rs.5,59,891.20. The court found that the trial court properly addressed the framing of issues despite claims of improper issue framing by the appellant. The court emphasized that it is the responsibility of the parties to ensure proper issues are framed and to raise objections timely. The High Court upheld the findings of the lower courts, which had dismissed the appellant's claims based on concurrent factual findings. The court also noted that the suit was barred by limitation as per Article 59 of the Limitation Act, 1908, emphasizing the importance of timely filing of suits related to loans. |
| Summary |
In the case of Regular Second Appeal No.35 of 2006, the Lahore High Court addressed a dispute over a loan amounting to Rs.5,59,891.20 claimed by Mst. Saeeda Akhtar Sadiq against Tauqir Akhtar. The court considered the implications of the Civil Procedure Code (V of 1908) regarding the framing of issues and the responsibilities of the parties in ensuring that proper issues are raised during trial. The court held that the appellant failed to object to the issue framing during the trial and thus could not raise this issue on appeal. Furthermore, the court confirmed that the lower courts had made concurrent findings of fact that were not based on misreading of evidence. The High Court dismissed the appeal, ruling that the suit was barred by the limitation period as defined under the Limitation Act (IX of 1908), specifically Article 59, which states that the limitation for filing a suit for recovery of a loan is three years from the date the loan was made. This case underscores the significance of adhering to procedural requirements and the importance of timely action in legal proceedings to avoid dismissal on grounds of limitation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J
|
| Lawyers |
Muhammad Saeed Ahmad for Petitioner
|
| Petitioners |
Mst. SAEEDA AKHTAR SADIQ through Special Attorney
|
| Respondents |
TAUQIR AKHTAR
|
| Citations |
2006 SLD 2237,
2006 CLC 1430
|
| Other Citations |
Mir Afzal and 2 others v. Muhammad Raza Khan and 13 others 1990 CLC 1617,
Fazal Muhammad Bhatti v. Mst. Saeeda Akhtar and 2 others 1993 SCMR 2018,
Kaura and others v. Allah Ditta and others 2000 CLC 1018,
Mst. Sughra Bibi alias Mehran Bibi v. Asghar Khan and another 1988 SCMR 4,
Syed Rehmat Ali through Legal Heirs and 2 others v. Syed Sadique Ali through Legal Heirs 1999 YLR 1656,
Mushtaq Hussain and others v. Mukhtar Ahmad and others 1999 MLD 3384,
Mussarat Sultana v. Muhammad Saeed 1997 SCMR 1866
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
O. XIV, R.3,
S. 100,
O. VI, R.2,
Art.59
|