2018 PLP 55 (CLCN)
Mrs. PARVEEN AZAD — Plaintiff Versus The ADMINISTRATOR/CHAIRMAN, NATIONAL MEDICAL CENTRE HOSPITAL — Defendant
| Citation | 2018 PLP 55 (CLCN) |
| Forum / Court | Sindh |
| Bench Members | Nadeem Akhtar, J |
| Parties | Mrs. PARVEEN AZAD — Plaintiff Versus The ADMINISTRATOR/CHAIRMAN, NATIONAL MEDICAL CENTRE HOSPITAL — Defendant |
| Primary Law | Muhammad Anwar v. Pak Arab Refinery Ltd. 2007 CLC 1821; Parveen Akhtar v. Consulate General of USA at Karachi 2006 MLD 1657; Master Abdul Basit v. Dr. Saeeda Anwar PLD 2011 Kar. 117; Sajid Ahmed Ansari v. Aga Khan University Hospital PLD 2008 Kar. 80; Kayumarz v. Messrs Mohammadi Tramway Company, Karachi and others PLD 1968 Kar. 376; WAPDA v. Rashid Muhammad 1989 MLD 4225; Johnson and another v. The Madras Railway Company ILR 1905 Madras 479; Muhammad Iqbal v. Mehboob Alam 2015 SCMR 21 and Akbar Ahmed v. Irshad Ahmed PLD 2014 SC 331 distinguished., R.F. Virjee for Plaintiff., ----Arts. 21, 22, 36 & 115---Civil Procedure Code (V of 1908), O. VII, R. 11---Rejection of plaint---Damages, recovery of---Breach of contract---Limitation---Plaintiff filed suit for recovery of money on account of damages and compensation--- Defendant sought rejection of plaint on the ground that suit was barred by limitation---Validity---Contract existed between the parties and suit could not be deemed to be a suit on basis of tort nor could Arts. 21, 22 and/or 36 of Limitation Act, 1908 be applied to the same---Suit was for compensation of breach of contract and same was governed by Art. 115 of Limitation Act, 1908 providing limitation of 3 years from date of breach of contract or where there were successive breaches when such breach occurred in respect of which suit was instituted or where breach was continuing when it ceased---Plaintiff instituted suit within 3 years and same was within time---Application was dismissed in circumstances. [Paras. 9 & 12 of the judgment] |
Q1: What are the key laws and sections cited in 2018 PLP 55 (CLCN)?
This judgment primarily cites: Muhammad Anwar v. Pak Arab Refinery Ltd. 2007 CLC 1821; Parveen Akhtar v. Consulate General of USA at Karachi 2006 MLD 1657; Master Abdul Basit v. Dr. Saeeda Anwar PLD 2011 Kar. 117; Sajid Ahmed Ansari v. Aga Khan University Hospital PLD 2008 Kar. 80; Kayumarz v. Messrs Mohammadi Tramway Company, Karachi and others PLD 1968 Kar. 376; WAPDA v. Rashid Muhammad 1989 MLD 4225; Johnson and another v. The Madras Railway Company ILR 1905 Madras 479; Muhammad Iqbal v. Mehboob Alam 2015 SCMR 21 and Akbar Ahmed v. Irshad Ahmed PLD 2014 SC 331 distinguished., R.F. Virjee for Plaintiff., ----Arts. 21, 22, 36 & 115---Civil Procedure Code (V of 1908), O. VII, R. 11---Rejection of plaint---Damages, recovery of---Breach of contract---Limitation---Plaintiff filed suit for recovery of money on account of damages and compensation--- Defendant sought rejection of plaint on the ground that suit was barred by limitation---Validity---Contract existed between the parties and suit could not be deemed to be a suit on basis of tort nor could Arts. 21, 22 and/or 36 of Limitation Act, 1908 be applied to the same---Suit was for compensation of breach of contract and same was governed by Art. 115 of Limitation Act, 1908 providing limitation of 3 years from date of breach of contract or where there were successive breaches when such breach occurred in respect of which suit was instituted or where breach was continuing when it ceased---Plaintiff instituted suit within 3 years and same was within time---Application was dismissed in circumstances. [Paras. 9 & 12 of the judgment], Limitation Act (IX of 1908), S. Thyagerajan v. Unit Trust of India 1986 Vol. 59 Company Cases Page 458; Dr. P.B. Desai v. State of Maharashtra AIR 2014 SC 795; Ramesh Gobindram (deceased by LRs) v. Sugra Humayun Mirza Wakf AIR 2010 SC 2897; Abdul Ali Abdul Rahman v. Mst. Jannat and others AIR 1957 Allahabad 553 and Postgraduate Institute of Medical Education and Research Chandigarh v. Jaspal Singh and others 2009 Vol. 7 SC Cases 330 ref., Muhammad Abdul Rahman for Defendant. as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 55 (CLCN)?
The case was heard and decided by the Sindh bench comprising: Nadeem Akhtar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 55 (CLCN) (Mrs. PARVEEN AZAD — Plaintiff Versus The ADMINISTRATOR/CHAIRMAN, NATIONAL MEDICAL CENTRE HOSPITAL — Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.