| Case ID |
f98e7566-f5a2-454f-ab42-224c7bc52d18 |
| Body |
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| Case Number |
Civil Revision No. 35794 of 2019 |
| Decision Date |
Mar 06, 2023 |
| Hearing Date |
Mar 06, 2023 |
| Decision |
The Lahore High Court dismissed the civil revision filed by INTERNATIONAL CONTRACTORS (PVT.) LIMITED for being time-barred under Article 163 of the Limitation Act, 1908. The court noted that the application for restoration of the petition was filed after the prescribed limitation period of 30 days from the dismissal of the original suit. The court emphasized the necessity for a party to explain any delay in filing applications and stated that the petitioner failed to provide justifiable reasons for the delay. Consequently, the application was deemed hopelessly time-barred, leading to the dismissal of the civil revision with no order as to costs. |
| Summary |
In the case of INTERNATIONAL CONTRACTORS (PVT.) LIMITED vs. WAPDA and others, the Lahore High Court dealt with a civil revision challenging the dismissal of a petition under the Limitation Act, 1908. The petitioner sought restoration of a previously dismissed petition, arguing against the dismissal based on non-prosecution. However, the court upheld the dismissal, asserting that the application was filed 80 days after the dismissal, exceeding the 30-day limit stipulated by Article 163 of the Limitation Act. The ruling underscored the importance of timely action in legal proceedings and the necessity of providing sufficient explanation for delays. The case highlighted key legal principles surrounding limitation periods, restoration applications, and the procedural requirements that litigants must adhere to. It serves as a critical reference for understanding the limitations imposed by law on the right to seek remedies in civil litigation, emphasizing the need for diligence and promptness in legal actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Ch. Muhammad Iqbal
|
| Lawyers |
Muhammad Younas Bhullar,
Mian Muhammad Javed
|
| Petitioners |
INTERNATIONAL CONTRACTORS (PVT.) LIMITED
|
| Respondents |
WAPDA and others
|
| Citations |
2023 MLD 860,
2023 SLD 1725
|
| Other Citations |
Mian Muhammad Asif v. Fahad and another 2009 SCMR 1030,
Mst. Ghulam Sakina and 6 others v. Karim Bakhsh and 7 others PLD 1970 Lah. 412,
Sabzal and others v. Bingo and others PLD 1989 Kar. 1
|
| Laws Involved |
Limitation Act, 1908
|
| Sections |
163
|