| Case ID |
750fab72-66ee-489e-b7c6-b253fc2c088b |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 04-B of 2006 |
| Decision Date |
Nov 20, 2014 |
| Hearing Date |
Nov 20, 2014 |
| Decision |
The Peshawar High Court ruled that the application for the rejection of the plaint was wrongly dismissed by both subordinate courts. The court emphasized that the period of limitation for filing a pre-emption suit is strictly enforced, and any suit filed after the prescribed time is considered time-barred. The court set aside the previous orders and rejected the plaint due to the delay in filing, which was beyond the stipulated time frame of one hundred and twenty days from the date of sale registration. This decision underscores the importance of adhering to procedural timelines in legal proceedings. |
| Summary |
In the case of Writ Petition No. 04-B of 2006, the Peshawar High Court addressed a significant issue regarding the limitation period for filing a pre-emption suit. The petitioner, Sharif Khan, challenged the decisions of the subordinate courts that had dismissed his application for rejection of the plaint on the grounds of being time-barred. The court analyzed the relevant provisions of the Khyber Pakhtunkhwa Pre-emption Act (1987) and the Civil Procedure Code, emphasizing the mandatory nature of the limitation period. The court found that the application for rejection was valid, as the suit was filed after the expiration of the one hundred and twenty-day period from the registration of the sale deed. The ruling highlighted the necessity for parties to comply with statutory time limits to ensure the integrity of legal proceedings. The decision serves as a critical reference point for future cases involving similar issues of procedural compliance and limitation periods in pre-emption suits. Keywords: pre-emption suit, limitation period, Peshawar High Court, legal proceedings, statutory compliance. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL,
JAN KHATTAK,
MUHAMMAD DAUD KHAN
|
| Lawyers |
Not available
|
| Petitioners |
SHARIF KHAN
|
| Respondents |
AKBAR ZAMAN
|
| Citations |
2016 SLD 971,
2016 CLC 774
|
| Other Citations |
1989 CLC 1949,
1999 SCMR 394,
2000 SCMR 305,
PLD 1974 SC 134,
PLD 1978 SC (AJ&K) 118,
PLD 1969 SC 167,
2002 SCMR 338,
2007 SCMR 741,
2011 SCMR 27
|
| Laws Involved |
Khyber Pakhtunkhwa Pre-emption Act,
Civil Procedure Code,
Constitution of Pakistan,
Limitation Act
|
| Sections |
13,
31,
32,
V,
O.VII, R.11(d),
Art.199,
3
|