| Citation(s) |
|---|
| 2025 SLG 4191 2025 SLD 4191 = 2025 CLC 966 |
Sindh High Court
Constitutional Petition No. D-2431 of 2023, decided on 27th May, 2024.
Before Muhammad Shafi Siddiqui and Sana Akram Minhas, JJ
Fareed Ahmed for Petitioner. Nemo for
Respondents.
Constitutional Petition No. D-2431 of 2023, decided on 27th May, 2024.
Before Muhammad Shafi Siddiqui and Sana Akram Minhas, JJ
Fareed Ahmed for Petitioner. Nemo for
Respondents.
KARIM DAD KHAN through L.R ---Petitioner
VERSUS
MANSAB DAD KHAN and others ---Respondents
Law:
Section:
Limitation-------Significance---Conduct of party---Intention of prolonging litigation---Costs, imposition of---Statute of limitations is not a trivial technicality; it stands as a cornerstone legal principle designed to ensure fairness and finality in legal proceedings---Once period of limitation expires, valuable rights accrue to the other party by operation of law and such right cannot be taken away lightly---In the present case ,Constitutional petition was filed being aggrieved by an order of the Appellate / District Court, by which Civil Revision Application was dismissed as being time barred and five (5) orders of the Trial Court were upheld ;however, four out of the five orders were time-barred and the Revision Application had become infructuous regarding the fifth order (as decree had been executed by handing over possession of suit-property)---Even the present constitutional petition, was affected by laches---This was due to its submission nearly four years after the issuance of the first four orders and more than one year after the fifth order---Petitioners' lackadaisical attitude demonstrated lack of seriousness and suggested an intent merely to entangle and embroil the respondents in prolonged, obdurate litigation, especially since most of the original siblings had expired---It seemed that the petitioner was pursuing baseless and vexatious litigation, akin to flogging a dead horse---Constitutional petition was dismissed, with costs of Rs. 35,000/-, in circumstances.SKB-KNK Joint Venture v. Water and Power Development Authority 2022 SCMR 1615; Musarat Parveen v. Muhammad Yousaf 2023 SCMR 1665 and Chief Executive Officer NPGCL v. Khalid Umar Tariq 2024 SCMR 518 ref.Date of hearing: 27th May, 2024.ORDERSANA AKRAM MINHAS, J.---The deceated Petitioner's son and legal heir Muhammad Saqib Khan ("MSK") is aggrieved by an order of the Additional District Judge, Karachi (East) dated 28.3.2023 ("Impugned Order"), which dismissed MSK's Civil Revision Application No. 64 of 2022 (Karim Dad Khan through LRs v. Mansab Dad Khan and others) ("Revision Application") as being time barred and upheld the Trial Court's five (5) orders dated 7.3.2020, 23.9.2020,24.10.2020,…