Law:

Section:

(a) Limitation Act (IX of 1908)--- ----S. 4---Suit/appeal/application, filing of---Period of limitation---Court closed for summer vacations for purposes of institution of ordinary cases and routine work---Where the period prescribed for a suit, an appeal or an application expired on a day/date which fell during the period or the day when the court was closed for summer vacations, the said case/matter may be instituted/preferred by the concerned litigant on the day when the court re-opened---Such right was a vested right conferred by S.4 of the Limitation Act, 1908, thus the litigant would be well within his right and shall be absolutely safe to wait till the re-opening of the court, even though limitation of case/cause might have expired during the period when the court was closed. Fazal Karim and another v. Ghulam Jillani and others 1975 SCMR 452 ref. Ch. Fayyaz Ahmed v. Mst. Hidayat Begum and 21 others 1997 SCMR 1393 and Fateh Ali Khan v. Subedar Muhammad Khan 1970 SCMR 238 distinguished. (b) Vested right--- ----Enforcement---Vested right should in letter and spirit be enforced at all costs, except where it was unenforceable on account of any specific legal bar or it stood obliterated or taken away by or under the law. (c) Constitution of Pakistan--- ----Arts. 185(3) & 212(3)---Order refusing leave to appeal---Precedential value---Scope---Order refusing leave was not an enunciation of law. Muhammad Tariq Badr and another v. National Bank of Pakistan and others 2013 SCMR 314 ref. (d) Limitation Act (IX of 1908)--- ----S. 4---Suit---Interim/urgent relief---Period of limitation for filing suit/appeal expiring during closure of court due to summer vacations---Section 4 of Limitation Act, 1908 giving litigant right to institute such suit/appeal on the day when the court re-opens, despite period of limitation having expired during the closure of court---Litigant compelled to file suit/appeal during summer vacations for enabling him to seek some interim relief, which was imperative and of utmost expediency to prevent irreparable and irreversible loss and injury---Section 4 of Limitation Act, 1908 gave such a litigant a vested right to file the suit/appeal on the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492