Law: Limitation Act, 1908

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Limitation Act (IX of 1908)--- ----S.3---Limitation, question of---Duty of Court---Scope---Court is bound to notice question of limitation, irrespective of the fact, whether it was agitated or not. Muhammad Buta v. Habib Ahmad PLD 1985 SC 153 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Limitation Act (IX of 1908), S.3---Judgment and decree, setting aside of---Plea of fraud and misrepresentation---Limitation, question of---Concurrent findings of fact by the Courts below---Decree passed in year, 1960, was assailed in year, 1986, by filing application under S.12(2) C.P.C.---Application was allowed by Trial Court and the order was maintained by Lower Appellate Court as well as by High Court exercising constitutional jurisdiction---Plea raised by appellant was that High Court had decided constitutional petition without deciding question of limitation---Validity---Any order or passed by Trial, Appellate or Revisional Courts should be indicative of the fact that the courts concerned were not only aware but conscious regarding the question of limitation, dealt with the same with diligent application of mind prior to dilating upon and deciding the controversy on merit---Disposal on merit alone would not be sufficient to presume that the delay was condoned---Supreme Court by setting aside the order, remanded the case to High Court for deciding question of limitation, including any other question as might be deemed fit and proper for the just decision of the case---Appeal was allowed. Ahsan Ali v. District Judge PLD 1969 SC 167 rel. (c) Constitution of Pakistan (1973)-- ----Art. 199---Civil Procedure Code (V of 1908), S.115---Constitutional and revisional jurisdiction of High Court---Scope---Reappraisal of evidence--- Principles--- While exercising constitutional/revisional jurisdiction, High Court can reappraise and revaluate the entire evidence only when finding is based on insufficient evidence, misreading of evidence, non-consideration of material evidence, erroneous assumption of facts and patent errors of law. JUDGMENT ABDUL HAMEED DOGAR, J---This appeal with leave of the Court is directed against the judgment dated 22-6-2001 of a learned Judge…

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