Law: Limitation Act, 1908

Section: 64

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

Section: 133

Limitation Act (IX of 1908)--- ----Art. 64---Qanun-e-Shahadat (10 of 1984), Art. 133---Suit for recovery of money and damages---Limitation---Continuous cause of action---Extent of damages---Fact not cross-examined---Effect---Plaintiff served defendant organization and got release under Voluntary Separation Scheme---Plaintiff sought recovery of his outstanding service dues and damages accrued due to nonpayment of such dues---Plea raised by defendant organization was that the suit was barred by time---Validity---Amount earlier payable to plaintiff was withheld by defendant organization---Grievance of plaintiff was a continuous one, therefore suit was neither barred by law nor was time barred---Non-payment of service dues did not only cause monetary losses to plaintiff but was coupled with metal agony---Plaintiff in order to get his legitimate service dues, had to undergo a protracted litigation---Specific assertion of plaintiff about suffering mental agony was not challenged in cross-examination, meaning it was accepted---There could be no yardstick or definite principle for assessing damages in cases which were meant to compensate a party who had suffered an injury---Plaintiff was entitled for a money decree to the extent of amount proved on record and in addition also entitled to damages of Rupees 1,000,000--- Suit was decreed accordingly. PIAC v. Tanvir-ur-Rehman and others PLD 2010 SC 676 ref. Sufi Muhammad Ishaque v. The Metropolitan Corporation, Lahore PLD 1996 SC 737 and Abdul Majeed Khan v. Tawseen Abdul Haleem and others 2012 CLD 6 rel. Plaintiff in person. JUDGMENT MUHAMMAD FAISAL KAMAL ALAM, J.---Plaintiff has filed the present Lis for recovery of his service dues and damages from Defendants, with the following Prayer Clause-- 1. Decree the suit of the Plaintiff in the sum of Rs.95,70,214/- being legal dues of the Plaintiff and Damages/compensation suffered by him with upto date returns. 2. Any other relief(s), which this Honble Court may deem fit and proper under circumstances of the case. 3. Cost of the suit. 2. Succinctly facts are that Plaintiff served the Defendants Nos.2 and 3 for about 37 years and lastly he was holding a Post of General Manager…

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