Law: Qanun-e-Shahadat (10 of 1984)

Section: 164

Law: Limitation Act, 1908

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13

(a) Qanun-e-Shahdat (10 of 1984)--- ----Art.164---Civil Procedure Code (V of 1908), O.IX, R.13---Ex parte decree, setting aside of---Limitation---Scope---Application for setting aside ex parte decree was required to be filed within a period of thirty days. (b) Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Limitation Act (IX of 1908), S.5---Ex parte decree, setting aside of---Limitation---Natural justice, principles of---Scope---Application for setting aside ex-parte decree was dismissed being time barred---Appellate Court upheld the order of Trial Court---Validity---Cases should be decided on merits, after hearing both the sides, and nobody should be condemned unheard, as maxim "Audi alteram partem", was very jealously and consistently followed by the courts, which was a principle of natural justice but at the same time keeping in view the conduct of the petitioner as manifest on the face of record showing his full knowledge about the proceedings and indicating his purposeful silence, the golden maxim that "law aids vigilant and not the indolent" could not be oversighted---Revision petition was dismissed. (c) Limitation Act (IX of 1908)--- ----S.5---Limitation---Government functionaries---Condonation of delay---Scope---Government could not be treated differently than the private individuals on the question of limitation---Limitation once having started to run, could not be stopped by any subsequent act. Government of Punjab through Secretary Services and General Administration and Information Department, Lahore and another v. Muhammad Saleem PLD 1995 SC 396 rel. (d) Limitation Act (IX of 1908)--- ----S.5---Limitation---Condonation---Principles and scope---Limitation is not a mere technicality rather is a mandatory statutory provision and treating it as a formality or triviality would tantamount to making the entire Limitation Act, 1908 redundant and superfluous despite the fact that redundancy should not be attributed to statute---Object of law of limitation is to help the vigilant and not the indolent---Helping hand could not be extended to a litigant having gone into deep slumber, on having become forgetful of his rights---Law of limitation is a law…

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