Law:

Section:

Constitution of Pakistan (1973)---Art. 185 (3)--Limitation--Plea of limitation was not raised before Trial Court to which the plea initially related--Such plea could not be raised as of right before Supreme Court simply because Trial Court was under a duty to examine the question of limitation--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendent in a suit for recovery of damages, against the dismissal by the High Court of its Civil Revision (against the dismissal of his time-barred appeal). The only point urged by the learned counsel is that the respondents' suit was time-barred. When questioned whether the plea of limitation was, in that behalf, raised before the trial Court and an issue was sought to be framed, the learned counsel answered in the negative; but contended that this plea having been taken in the first appeal Court, that Court and the High Court were duty bound to…

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