Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,r.1,2

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,r.1,2

Law: Limitation Act, 1908

Section: 73,12,1stSchedule,19

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.1, 2 & S.96---Limitation Act (IX of 1908), Art.73---Suit for recovery of amount on the basis of pro note---Limitation---Starting point of limitation---Suit filed by the plaintiff was contested by the defendant wherein an objection with regard to limitation ,was also raised---Trial Court after grant of leave to defend suit, decreed suit and said decree had been assailed by the defendant through appeal---Under Art.73, Limitation Act, 1908, period of limitation for filing suit on basis of pro note was three years and starting point of limitation under said Article was the date of execution of pro note, which would mean that date of execution of pro note could not be excluded---Pro note in the case was executed on 24-12-1996 and the last date when the suit could be filed fell on 23-12-1999, but suit was filed on 3-1-2000, fifteen days after prescribed period of limitation---Suit filed by the plaintiff being barred by limitation, appeal against and decree of the Trial Court was allowed and and decree passed by the Trial Court were set aside. Sheikh Abdul Samad v. Khan Bahadur Muzaffar PLD 1953 Lah. 446 and Jainaraven Bapu v. Vithora and another AIR 1923 Nagpur 556 rel. Mian Ashfaque Ahmad for Appellant. Malik Muhammad Lateef Khokhar for Respondent. Date of hearing: 9th February, 2009. JUDGMENT MUHAMMAD KHALID ALVI, J.--- Brief facts of the case are that respondent filed a suit on 3-1-2000 under Order XXXVII, rules 1 and 2, C.P.C. for recovery of Rs.100,000 (rupees one hundred thousand only) against the appellant on the basis of a pro note executed on 24-12-1996. Suit was contested by the appellant wherein an objection with regard to limitation was also raised. After grant of leave parties led their respective evidence and the suit was decreed on 5-11-2001. Same is being assailed through the instant appeal. 2. Learned counsel for the appellant has raised solitary argument with regard to the limitation of suit. It was submitted that the pro note was executed on 24-12-1996 and the period for limitation under Article 73 of the Limitation Act, 1908, is three years. The last date when the suit could have been filed…

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