Case Details

Citation(s)
1986 SLG 422 1986 SLD 422 1986 SCMR 322
Supreme Court of Pakistan
Civil Petition No. 1319 of 1983, decision dated: 5-11-1984. (On appeal from the Judgment and Order, dated 27-9-1983 passed by the Lahore High Court passed in Civil Revision No. 171-D/82/BWP).
-MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ

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SADIQ HUSSAIN and others

VS

GHULAM RASOOL

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S.9-Suit for damages--Decreed--Plea of limitation not having been raised by petitioner either in written statement or at any stage of proceedings, disallowed to be raised in revisional jurisdiction of the High Court--When question of limitation was not raised to non-suit respondent, it was, held, too late to raise this plea in revision and High Court was justified in refusing to consider such plea--Petition for leave to appeal dismissed. M. Asad Ullah Siddiqi, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 5th November, 1984. ORDER MUHAMMAD HALEEM, C.J.--In this petition leave is sought on the ground that the High Court erroneously refused to allow the petitioners to raise the question of limitation which was the only point urged at the hearing. The High Court held that as this point was not raised either in the written statement or at any stage of the proceedings, therefore, it was too late in the day to press it. As will appear from the record, the petitioners had filed a suit for possession alleging that the…
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