Law: Civil Procedure Code (V of 1908)

Section: 4

Law: Limitation Act, 1908

Section: 36,120

(i) Civil Procedure Code. 1908 (V of 1908)-- —-O. Ill Rule 4-Suit-Concl’usion of-Whether authority of plaintiffs counsel to receive title documents from Defendant’s counsel was available-Question of- It is evident from Rule 4 that it only refers to proceedings before court which admittedly had ended after disposal of previous suit—Question whether authority of Mr. Waheed Farooqui to receive documents on behalf of plaintiff ! still continued, is a question of fact and can only be determined on basis of evidence but not in accordance with O.TII R. 4 of CPC-Held: Reference by counsel to Rule 4 of Order III of CPC appears to be mis-conceived. [P.369]A (ii) Damages- —Damages—Suit for—Non-delivery of title documents to plaintiff by Defendant—Contention that documents having been handed over to Mr. Waheed Farooqui, previous counsel of plaintiff, it could not be foreseen that Mr. Waheed Farooqi would fail to deliver documents to plaintiff—No evidence has been produced by Defendant to rebut plaintiffs contention that documents ol title of his property were not delivered to him—No doubt even Mr. Waheed Farooqui should not have accepted documents but that does not absolve Deiendant of its responsibility—Held: As authority of an Advocate to act on behalf of his client generally ceases after conclusion of case, it cannot be .said ‘Jiat consequences (of delivering title documents to previous counsel) were not foreseeable-Contention repelled. [P.372JD (1951) AER 1078, (1966) 2 AER 709 distinguished. AIR 1952 Nagpur 8 rel. uii) Damages ---Damages-Suit for-Whether any damages can be awarded to plaintiff or what loss has been suffered by plaintiff—Question of—Evidence produced by plaintiff fails to establish if any loss was suffered by plaintiff or if at all there was any, what was actual loss suffered by him—Held: In absence of such proof, damages cannot be awarded to plaintiff—Suit dismissed. [Pp.372,373374]EF (iv) Limitation Act, 1908 (IX of 19(18)- —Arts. 36 . 120 read with Section 24—Damages—Suit for—Limitation— Computation of--Suil simply based on failure of defendant to deliver title documents to plaintiff—Whether Article 36 is not applicable—Question of—It would be…

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