1987 PLP 2036 (SCMR)
Mst. RASUL BIB I‑‑Petitioner Versus Mst. REHMAT BIBI‑‑Respondent
| Citation | 1987 PLP 2036 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Javid Iqbal, and Saad Saood Jan, JJ |
| Parties | Mst. RASUL BIB I‑‑Petitioner Versus Mst. REHMAT BIBI‑‑Respondent |
| Primary Law | Limitation Act (IX of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 2036 (SCMR)?
This judgment primarily cites: Limitation Act (IX of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2036 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Javid Iqbal, and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2036 (SCMR) (Mst. RASUL BIB I‑‑Petitioner Versus Mst. REHMAT BIBI‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Abdullah Bajwa, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioner.
- Ch. Riasat Ali, Advocate Supreme Court for Respondent.
- Date of hearing: 21st July, 1987.
Headnotes / Summary
(On appeal from the judgment, dated 3‑3‑1980 of the Lahore High Court, Lahore in R.S.A. No. 902 of 1965). ‑‑‑Art. 120‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Civil Procedure Code (V of 1908), S.100‑‑High Court allowing second appeal of respondent on ground of limitation observing that petitioner had filed suit after 19 years after cause of action although she had only six years under Art.120, Limitation Act‑‑View taken by High Court based on decision of Supreme Court in 1971 S C M R 514‑‑No ground for interference made out‑‑Petition for leave to appeal dismissed. Zil Muhammad v. Mst. Hayat Bibi 1971 S C M R 514 ref.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The High Court allowed the Second Appeal (R.S.A.No.902 of 1965) filed by Mst. Rehmat Bibi (respondent herein) on the ground of limitation observing that while the cause of, action accrued in favour of the petitioner herein on 12‑10‑1942 she) had filed the suit on 2‑6‑1961 i.e. some 19 years later although she had only six years under Article 120 of the Limitation Act within which the suit could have been filed. By this petition for leave the above order of the High Court has been challenged. There is no force in this petition. The view taken by the High Court is based on the decision of this Court in Zil Muhammad, v. Mst. Hayat Bibi (1971 S C M R 514). No ground for interference is made out. Dismissed. S.Q./R‑26/S Petition dismissed.