1999SCMR2396 (PLP)
TARIQ MAHMOOD CHAUDHRY, KAMBOH — Petitioner Versus NAJAM-UN-DIN — Respondent
| Citation | 1999SCMR2396 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed and Munir A. Sheikh, JJ |
| Parties | TARIQ MAHMOOD CHAUDHRY, KAMBOH — Petitioner Versus NAJAM-UN-DIN — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1999SCMR2396 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR2396 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR2396 (PLP) (TARIQ MAHMOOD CHAUDHRY, KAMBOH — Petitioner Versus NAJAM-UN-DIN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Amjad Pervaiz, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner.
- Date of hearing: 30th December, 1998.
Headnotes / Summary
O.VII, R. 11
Constitution of Pakistan (1973), Art. 185(3)
Leave to appeal was sought against judgment of High Court passed in revision in which High Court upheld decision of Civil Court dismissing application of petitioner for rejection of plaint
Petitioner had filed an application under O. VII, R. 11, C.P.C. in a suit praying that plaint in suit filed against him should be rejected as suit was barred by time
Trial Court repelled the contention of petitioner and revision against decision of Trial Court was dismissed by High Court
Trial Court had already framed issue to the effect whether suit was within time and also gave finding that question of limitation in the case was a mixed question of law and fact and said issue could only be resolved after recording of evidence touching controversy
No error had been committed either by Trial Court or High Court while arriving at such finding
Civil Court had rightly rejected application filed by petitioner under O.VII, R.11, C.P.C. and High Court also correctly upheld the said order-- Petition for leave to appeal was dismissed. Respondent in person.
Judgment & Decree
SH. RIAZ AHMED, J.
The petitioner seeks leave to appeal against the judgment and order dated 2-10-1998 whereby a learned Single Judge of the Lahore High Court dismissed the revision petition filed by the petitioner to call in question the order dated 12 2-1996 passed by a learned Civil Judge at Lahore whereby an application moved by the petitioner under Order VII, rule 11, C.P.C. seeking rejection of the plaint was dismissed.
2. The facts in brief are that the petitioner had m6ved an application under Order VII, rule 11, C.P.C. in a suit praying that the plaint in the said suit instituted against the petitioner should be rejected under the aforesaid provision as the suit was barred by time. The contention was repelled and, thus, a revision petition was filed, which was dismissed vide order impugned.
3. After hearing the learned counsel for the petitioner and the respondent who appeared in, person, we are of the view that the learned Civil Judge had already framed issue No.2 to the effect that the suit was within time and besides that the learned Civil Judge also gave finding that the question of limitation in the case was a mixed question of law and fact and thus the issue can only be resolved after recording of evidence touching the controversy. In our view, no error had been committed either by the learned Civil Judge or the High Court while arriving at the aforesaid finding and, thus, the learned Civil Judge had rightly rejected the application under Order VII, rule 11, C.P.C. and the High Court also correctly upheld the said order.
4. For the foregoing reasons, we do not find any merit in this petition justifying interference, therefore, the petition is dismissed and leave to appeal is refused. H.B.T./T-12/S Petition dismissed.