| Case ID |
f4c4bc70-f274-41cb-b062-275467efd56d |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 180 of 1985 |
| Decision Date |
May 22, 1990 |
| Hearing Date |
|
| Decision |
Leave to appeal was granted in proceedings arising out of an application filed in the Civil Court under section 12(2) of the Civil Procedure Code for resolving the apparent conflict between the views taken by the various High Courts with regard to the period of limitation available to the applicants in such cases. The court concluded that no conflict exists between the cases cited, and Article 181 of the Limitation Act has been correctly applied to the proceedings under section 12(2) of the Code of Civil Procedure. The appeal was dismissed with no order as to costs, emphasizing that the merits of the application under section 12(2) should be examined by the appropriate court and not pre-empted at this stage. |
| Summary |
This case revolves around the application of limitation laws under the Civil Procedure Code and the Limitation Act in Pakistan. The Supreme Court addressed the conflicting interpretations of the period of limitation for filing applications under section 12(2) of the Civil Procedure Code. The court referenced previous cases, notably Sikandar v. Saleh Muhammad and Malik Inayat Ullah Khan v. Government of Pakistan, to clarify that Article 181 of the Limitation Act applies, thus resolving any perceived conflicts in the application of limitation laws. The decision emphasizes the importance of adhering to established legal principles while also ensuring that the merits of cases are examined by the appropriate judicial authority. This case is significant for legal practitioners in Pakistan as it reinforces the procedural framework regarding limitation and the handling of appeals in civil matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
RUSTAM S. SIDHWA
|
| Lawyers |
Ch. Khalilur Rahman,
K.M. A. Samdani,
Rana Maqbool Ahmad Qadri
|
| Petitioners |
another,
MUHAMMAD IQBAL
|
| Respondents |
others,
MUHAMMAD ALAMGIR
|
| Citations |
1990 SLD 1064,
1990 SCMR 1377
|
| Other Citations |
Sikandar v. Saleh Muhammad 1983 C L C 1590,
Malik Inayat Ullah Khan v. Government of Pakistan P L D 1985 Pesh. 23,
Dhanji Jairam Mali v. Secretary of State A I R 1921 Born. 381,
Secretary of State v. Kundan Singh and others 1932 Lah. 374,
Hansraj Gupta and others v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd. A I R 1933 P C 63,
Gurbakhsh Singh v. Sant Ram A I R 1929 Lah. 533,
Umadutt Nemani v. Chandrao G. Kadam AIR 1947 Bom. 94,
Mst. Nigar Bibi and others v. Salahuddin Khan and others PLD 1990 S C 76,
Munawar Ahmad Noori v. Sarfraz Ahmad Khan 1986 C L C 899,
Muhammad Latif v. Member, Board of Revenue and others 1986 C L C 1052,
Province of Punjab through Collector, Multan etc. v. Muhammad Rashid etc. 1988 M L D 2560
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
12(2),
173,
181,
185(3)
|