1993 PLP 1739 (CLC)
PAKISTAN through Secretary, Ministry of Defence, Rawalpindi ‑‑‑Appellant Versus Messrs SANIT PAK through Legal Heirs‑‑‑Respondent
| Citation | 1993 PLP 1739 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Imam Ali G. Kazi, J |
| Parties | PAKISTAN through Secretary, Ministry of Defence, Rawalpindi ‑‑‑Appellant Versus Messrs SANIT PAK through Legal Heirs‑‑‑Respondent |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1739 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1739 (CLC)?
The case was heard and decided by the Karachi bench comprising: Imam Ali G. Kazi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1739 (CLC) (PAKISTAN through Secretary, Ministry of Defence, Rawalpindi ‑‑‑Appellant Versus Messrs SANIT PAK through Legal Heirs‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Saeed Khan Ghouri for Appellant.
- Date of hearing: 28th January, 1993.
Headnotes / Summary
‑‑‑‑OXXVII, R.1‑‑‑Limitation Act (IX of 1908), Art.149‑‑‑Suit for recovery of amount by Government‑‑‑Limitation‑‑‑Period of 60 years, having been prescribed under Art. 149 of the Limitation Act, 1908 for any suit that could be filed by Government, suit filed by Government after a period of about 10 years was in time. Respondent (absent).
Judgment & Decree
Abdul Saeed Khan Ghouri for Appellant. Respondent (absent). Date of hearing: 28th January, 1993. The Government of Pakistan filed a suit on 15‑7‑1986 (Suit No. 1077 of 1986) in the Court of I‑Senior Civil Judge (South), Karachi against the respondent for recovery of amount of Rs.79,480.18. The amount was claimed on account of breach of contract for supply of certain articles executed between the parties. The suit against the defendants proceeded ex parte. Ultimately, the Trial Judge by his judgment passed on 25‑8‑1987 dismissed the suit as being barred by time. Contract in the suit was executed on 27‑7‑1971 and for breach of its term was cancelled on 25‑2‑1976. The suit was filed 10 years later on 15‑7‑1986. The Trial Judge felt that the period of limitation for recovery of amount being 3 years and the suit was filed beyond period so prescribed. It is against this judgment and decree that the present Ist Appeal has been filed by the Appellant. The respondents though served through publication have not been present in this appeal. Mr. Abdul Saeed Khan Ghouri, Advocate for the appellant, contends that by Article 149 in Schedule I to the Limitation Act, 1908 a period of 60 years is prescribed for Government (Federal or Provincial) to file "any suit" on their behalf. He, therefore, contends that the Trial Judge has wrongly held that the suit by the Government of Pakistan ought to have been filed within a period of 3 years. A period of 60 years is prescribed for "any" suit, that may be filed by Federal or Provincial Government according to the provision made in Article A 149 to Schedule I of the Limitation Act, 1908. The suit in this case was filed after a period of about 10 years as held by the Trial Judge but it would still be in time under the said Article. For the foregoing reasons I set aside the judgment and decree passed by the Trial Judge and remit the. suit to the same Court to proceed further and decide it in accordance with law. The appeal is allowed with no order as to the costs. H.B.T./P‑272/K Appeal allowed.