Law: Contract Act (IX of 1872)

Section: 25(3)

Law: Limitation Act, 1908

Section: 19

Law: Civil Procedure Code (V of 1908)

Section: O.XII, R.6

Contract Act (IX of 1872)-------S.25(3)---Limitation Act (IX of 1908), S.19---Civil Procedure Code (V of 1908), O.XII, R.6---Commitment to make payment---Enforceability of---Limitation---Function of public functionaries-Scope----To bring the case within the purview of S.25(3), Contract Act, 1872, it must be shown that writing signed by a debtor or his agent to pay liability, whole or in part thereof, which creditor could have enforced, but for the law of limitation in the suit---Commitment to make payment; if extended after the expiry of limitation, it would become independently enforceable---Plea of limitation in terms of S.19 of Limitation Act, 1908, in circumstances could not, be invoked to deny such right--When 'liability was not disputed then in all fairness admitted amount should have been paid, instead of engaging the claimant in undesired and lengthy litigation---By denying legitimate claim, it was not realized that execution had caused double loss; firstly to the rightful claimant; and secondly in incurring expense that was paid out of the public fund--Public functionary was always expected to resolve petty dispute, controversy and technicalities in favour of citizenry---Application under O.XII, R.6, C.P.C. stood granted with cost. Riasatullah v. The Tripura Modern Bank Ltd. PLD 1968 Dacca 260; Habib Bank Ltd. v. Shamim Qureshi PLD 1988 Kar. 481; Pervaiz Akhtar v. The Additional District Judge Rawalpindi PLD 1990 SC 681 and Minaram v. Seth Rupchand LR 33 LA. 165 ref.JUDGMENT MUSHIR ALAM, J.---Appellants have impugned the order passed by the learned Single Judge dated 29-3-2006, whereby an application under Order XII, Rule 6, C.P.C. was dismissed and it was held that the suit is barred by time. Brief facts appear to be that appellants were .awarded contract, Works Orders were issued as detailed below:-- Sr.No. Date of Works Order Date of Completion of Work 1. 5-11-1999 7-12-1999 2. 23-11-1999 7-1-2000 3. 23-11-1999 7-1-2000 4. 24-11-1999 25-1-2000 5. 24-11-1999 25-1-2000 There seems to be no dispute that the work was done, demand was raised,…