Law:

Section:

(a) Limitation Act (IX of 1908)--- ----Ss. 6, 7, Arts.14 & 36---Suit for damages---Limitation--Suit for recovery of Rs.76,50, 639 claiming special as well as general damages, on the ground that due to malfeasance, misfeasance and nonfeasance of the defendants, broken high-tension electricity lines of 11 thousand KV were left unattended with running power current and the plaintiffs were badly burnt and received severe injuries from the electric shocks---Defendants contested suit on the ground of limitation and asserted that suit filed by plaintiffs was barred by time---Trial Court decreed the suit to the sum of Rs.5, 000, 000 covering both special as well as general damages---Contention of the defendants was that Art.14 of the Limitation Act, 1908 did not exclude the time spent by plaintiffs in pursuing a complaint lodged in respect of incident before the Federal Ombudsman---Validity---One of the plaintiffs was aged about three years at the time of incident and was still a minor and was suffering from a legal disability as envisaged in S.6 of the Limitation Act, 1908 and limitation had not even commenced against him---Said plaintiff undeniably suffered from a legal disability of minority and the time for limitation for instituting the suit could not said to be run against them---Plaintiffs, in circumstances, were entitled to the benefit of provisions of S.7 of the Limitation Act, 1908---Plaintiffs suffered continuing wrong due to the incident and the period of limitation began to run at every moment of time during which the wrong was continuing---Suit instituted by plaintiffs was not time-barred---Appeal was dismissed by High Court. Shafaatullah Qureshi v. Federation of Pakistan PLD 2001 SC 142 and Shifatullah Qureshi v. Federation of Pakistan through Secretary/Chairman, Railways, Ministry of Railways Railway Board, Islamabad 1999 CLC 364 ref. Shafaatullah Qureshi v. Federation of Pakistan PLD 2001 SC 142; Shifatullah Qureshi v. Federation of Pakistan through Secretary Chairman, Railways, Ministry of Railways Railway Board, Islamabad 1999 CLC 364; Kamleshwari Prosad Singh v. Shivachandra Bose and others AIR 36 1949 Patna 212; AIR 1919 Allahabad 297 and AIR…

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