| Citation(s) |
|---|
| 2002 SLG 1786 2002 SLD 1786 2002 CLC 295 |
Lahore High Court
Civil Revisions Nos. 119-D and 150-D of 1990/BWP, heard on 15-08-2001
TANVIR BASHIR ANSARI, J
Nemo for Petitioner. Malik Muhammad Aslam and M. Shamshir Iqbal Chughtai for
Respondents Nos.2 and 3
Civil Revisions Nos. 119-D and 150-D of 1990/BWP, heard on 15-08-2001
TANVIR BASHIR ANSARI, J
Nemo for Petitioner. Malik Muhammad Aslam and M. Shamshir Iqbal Chughtai for
Respondents Nos.2 and 3
GHULAM MUHAMMAD
VS
Malik ABDUR RASHID and 2 others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 115---Revisional jurisdiction---Concurrent findings of fact--Effect---Concurrent findings of fact arrived at by Courts below would be conclusive and would not be open to challenge in revisional jurisdiction without pointing out any specific misreading or non-reading of evidence on record. (b) Civil Procedure Code (V of 1908 --- ----O. I, R. 10(2)(5)---Adding defendants in suit for damages--Limitation---Suit for recovery of damages for causing injury by negligent driving filed against original defendant/driver was within time---Original defendant stated to be an employee of Government Transport Service and Punjab Road Transport Board, plaintiff impleaded them-as defendants--Objection that suit against newly-added defendants was time-barred was repelled, because such impleadment would not be material circumstances and that and decree passed in plaintiff's favour was jointly and severally against defendant/driver and Punjab Road Transport Board/Corporation. (c) Limitation Act (IX of 1908)--- ----S. 12---Civil Procedure Code (V of 1908), Ss.96 & 115---"Time requisite"--- Connotation---Filing of appeal---Limitation---Certified copy of and decree of Trial Court dated 7-10-1987 was applied for on 17-10-1987, which was prepared and ready for delivery on 26-11-1987, but petitioner obtained its delivery on 17-12-1987-- Appellate Court fund the appeal filed on 19-12-1987 as time-barred--Validity---Time requisite to obtain copy of and decree had commenced from the date of application submitted for obtaining certified copy,, which had ended on the day when it was prepared and was ready for delivery---Negligence of a party in obtaining delivery of such copy at his leisure could not be counted as "time requisite" under the law--Record did not show that petitioner was misled by any act of Copying Agency---High Court dismissed revision petition in circumstances. (d) Tort--- ----Claim for damages on account of injury by negligent driving of defendant---Trial Court decreed the suit holding the evidence produced by plaintiff to be confidence inspiring and trustworthy, and defendant's plea that no accident took place was found…
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