Law: Limitation Act, 1908

Section: 120,3,4,5,6,7,8,9,10,11,12,13,14,15,16,1 7,18,19,20,21,22,23,24,25

Law: Limitation Act, 1908

Section: 120,3,4,5,6,7,8,9,10,11,12,13,14,15,16,1 7,18,19,20,21,22,23,24,25

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5---Constitution of Pakistan (1973), Art.199---Constitutional petition---Scope---Factual controversy---Limitation---Raising of new plea---Suit for recovery of dowry articles filed by wife was decreed in her favour---Judgment and decree passed by Family Court was maintained by Lower Appellate Court---Plea raised by petitioner was that suit filed by wife was barred by limitation---Validity---Controversy as to whether dowry articles were taken away or not was factual matter and the same could not be discussed in Constitutional jurisdiction as factual controversies were never brought to discussion unless there were some material irregularities or jurisdictional error---After getting. two s and decrees from two subordinate forums and exhausting almost two years in litigation, raising point of limitation before High Court in a mixed question of law and facts, could not be allowed while exercising Constitutional jurisdiction---When question of limitation was of fact or mixed question of law and facts, it should be raised before Trial Court-Appellate Courts were not obliged to examine question which was not raised below---High Court declined to entertain objection of limitation raised by petitioner and maintained s and decrees passed by two courts below---Petition was dismissed in circumstances. Muhammad Ishaq and others v. Shah Muhammad and others 1985 SCMR 799; Allah Yar Khan v. Mst. Sardar Bibi and others 1986 SCMR 1957; Muhammad Rafiq and others v. Barkat Ali and others 1988 SCMR 1526; Ghulam Rasool and 5 others v. Zaheer Ahmad 1989 CLC 482 and Meraj Begum v. Abdul Sattar 1989 MLD 4820 rel. (b) Limitation Act (IX of 1908)--- ----S. 3---Limitation---Scope---Suit filed or appeal preferred after limitation provided in law is without jurisdiction--Suit should be dismissed even if nobody has pointed out such lacuna in filing petition or appeal-Court was supposed to check issue of limitation while on the other hand limitation plea cannot be waived and even if waived it can be taken by party waiving it and by the Court itself. Mst. Khalida v. Raja Muhammad Khurshid Khan and 9 others 2008 CLC 1570 and Muhammad…

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