| Citation(s) |
|---|
| 2023 SLG 2095 2023 SLD 2095 = 2023 PLD 202 |
Suit No. 1018 of 2007, decided on 27th September, 2022.
Before Zulfiqar Ahmad Khan, J
Muhammad Aqil and Amir Khosa for Plaintiff. Ms. Afsheen Aman for KDA assisted by Abid Hussain Zaidi, Additional Director Land, KDA and Imran Shah, Assistant Director Land, KDA and Ms. Falak Naz Fatima for Defendants. Date of hearing: 24th December, 2021.
PAKISTAN DEVELOPERS PVT. LTD.---Plaintiff
VERSUS
KARACHI DEVELOPMENT AUTHORITY through Director General and another---Defendants\
Law: Civil Procedure Code (V of 1908)
Section: O. VII, R.11 (a), (c)
Law: Constitution of Pakistan, 1973
Section: 23 , 24 , 42 , 54
(a) Civil Procedure Code (V of 1908)---
----O. VII, R.11 (a), (c)---Phrases "cause of action" and "suit barred by law"--Applicability---Accrual of "cause of action" and that a "suit is barred by law", are two distinct attributes and characteristics---Non-existence of cause of action does not concomitantly mean that suit is also barred by law---Expression "cause of action" means a bundle of facts, which, if traversed, a suitor claiming relief was required to prove for obtaining judgment---Not only a party seeking relief is to have a cause of action with regards to transaction or alleged act having been done but also at the time of institution of the claim---Suitor is required to show that not only a right had been infringed in a manner to entitle him to a relief but also that when he approached the Court, the right to seek relief was also in existence.
(b) Constitution of Pakistan---