Law: Civil Procedure Code (V of 1908)

Section: O.XXXVIIIR.5,6,S.16,20

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVIIIR.5,6,S.16,20

Law: Limitation Act, 1908

Section: 13

a) Civil Procedure Code (V of 1908)-------Ss. 16 & 20---Suit for rendition of accounts claiming compensation/damages on account of loss and agony caused to plaintiffs by the defendants which was spreaded over a period of 40 years---Defendants contested suit on the ground of bar of limitation, absence of jurisdiction and non-maintainability of .suit---Trial Court decreed suit of the plaintiffs---Defendants asserted that they were citizens of foreign country, disputed property was situated outside the country (Pakistan) and disputed income/gains/interest from the said property also accrued abroad therefore the courts in Pakistan had no territorial jurisdiction on the subject matter---Validity---Defendants were citizens of foreign country, disputed property was situated abroad, the income regarding which dispute had been raised pertained to the year 1962 to 1973, also accrued in the foreign country; the final settlement of account reached between the parties led to partition of the disputed property between them also effected in the foreign country; and further acceptance of the settlement account by the foreign court remained unchallenged and had attained finality---Courts of Pakistan had no jurisdiction---High Court allowed appeal with costs throughout and set aside the impugned and decree passed by Trial Court. Mst. Gulzar Begum and others v. Muhammad Ghaus and 10 others 1993 CLC 448 rel. (b) Limitation Act (IX of 1908)--- ----S. 13---Suit for rendition of accounts and recovery Of damages---Contention of the plaintiffs was that financial relationship and joint farming arrangement between the parties came to an end in the year 1973 whereafter, final settlement of account took place and a cheque was accordingly issued by one of the defendants to his two brothers clearly containing a note to the effect that the said payment was made as settlement of account between them---Suit had been filed after about 28 years---Plaintiffs claimed benefit of S.13 of the Limitation Act, 1908 and maintained that the suit was within time---Validity---Provisions of S.13 of the Limitation Act, 1908 had been wrongly applied and period of limitation had been stretched to…

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