Law: Civil Procedure Code (V of 1908)

Section: 19

Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: 18,22,36

(a) Civil Procedure Code (V of 1908)--- ----S. 19---Limitation Act (IX of 1908), S.18, Arts.22 & 36---Qanun-e-Shahadat (10 of 1984), Art.119---Suit for compensation---Negligence---Plaintiff was injured and lost his hand while working in the factory of defendant company when another employee switched on the machine---Plaintiff's service was terminated for one year and two months after the incident---Trial Court dismissed the suit holding that suit was time-barred and that said other employee, and not company/defendant, was personally responsible---Plaintiff contended that limitation would run from the date of termination of service instead of date of injury---Validity---Limitation for seeking compensation for injury caused to the person of an individual was one year under Art.22 of the Limitation Act, 1908 whereas limitation for compensation for malfeasance, non-feasance or misfeasance independent of contract and not specifically provided for, was two years under Art.36 of Limitation Act, 1908---Defendant was under legal obligation to install foolproof system to guard against accidents---Negligence of defendant fell under Art.36 of Limitation Act, 1908, for purpose of limitation---Fraud on the part of defendant could not be ruled out in terms of S.18 of the Limitation Act, 1908 in view of defendant's admission as to employment of plaintiff till date of termination---Limitation would run from the time when fraud became known to the plaintiff for the first time---No one could be given premium for an act or omission meant to defraud or deprive a person from obtaining legal rights---Defendant having admitted the accident, onus to prove had shifted to him---Onus to prove shifted to the party who raised a plea different from the one alleged in the pleadings of the first party---Principle/rule of onus probandi postulate that where no evidence was adduced by one who asserted a proposition, (such person/party) must fail---Defendant having failed to prove that the accident resulted due to negligence of plaintiff, assertion put forward by plaintiff would stand admitted---Defendant company was responsible for all acts and omissions of its duly appointed employees…

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