Bar of limitation

2024 YLR 1584 KARACHI-HIGH-COURT-SINDH Judicial Precedent

First Sched., Art.120Specific Relief Act (I of 1877), Ss. 42 & 54Civil Procedure Code (V of 1908), O. VII, R. 11Suit for declaration and injunctionRejection of plaintCause of actionBar of limitationPlaintiffs claimed to be owners of suit property and that predecessor-in-interest of defendants was a Benami ownerValidity

Actual transaction took place in year 1992 when suit property was purchased in the names of predecessor-in-interest of parties who were wives of two business partners

Transaction was first time challenged by plaintiffs in that year 2018

It is also a common practice and custom of our society that a property is purchased in the name of wife merely to provide her a sense of security

Title of suit property was never questioned or title was never threatened even after passage of 15 (fifteen) years after the death of father of plaintiffs

Provision of Art. 120 of Limitation Act, 1908 started running from the date of death of father, that was, 04-09-2003 and not April, 2018

High Court rejected the suit as it was barred by Limitation Act, 1908

Application was allowed, in circum-stances.

2024 MLD 1160 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss.42 & 54Registration Act (XVI of 1908), S. 17Civil Procedure Code (V of 1908), O.VII, R.11Suit for declaration and injunctionRejection of plaintBar of limitationRegistered documentPresumption of correctness

Appellants/ plaintiffs claimed to be owners of suit land and sought cancellation of sale deeds in favour of respondents / defendants

Judge in Chambers of High Court rejected the plaint as it was barred by time

Validity

Court could not read into the plaint what was not pleaded

If cause of action date was mentioned as 16-05-2003 and no one objected to it, then Court was to accept such date

Appellants/ plaintiffs in year 2016 sought cancellation of registered sale/ conveyance deeds dated 1992, 2005 and 2007

Judge in Chambers of High Court correctly applied law of limitation and rightly concluded that suit filed by appellants/ plaintiffs was time-barred

Onus was on appellants/ plaintiffs to show a prima facie case was made out based on plaint and documents filed in support thereof

Appellants/ plaintiffs were well aware of presumption of truth associated with a sale/conveyance deed that was duly registered under Registration Act, 1908

Appellants/ plaintiffs neither produced nor relied upon any document which prima facie could be deemed or interpreted to rebut such presumption

Such aspect of the matter did not help the cause of appellants/ plaintiffs

Division Bench of High Court declined to interfere in the order passed by Judge in Chambers of High Court, as it did not suffer from any illegality or material irregularity

Appeal was dismissed, in circumstances.

2016 CLC 1384 PESHAWAR-HIGH-COURT Judicial Precedent

S. 3Bar of limitationScopeAction must be taken within the statutory time limit

Every suit instituted, appeal preferred or an application made after the period of limitation should be dismissed although limitation had not been set up as a defence

Court must dismiss the suit, appeal or application if it was hit by the statute of limitation whether parties had taken or not taken the objection to such suit, appeal or application being time-barred.

2016 CLC 774 PESHAWAR-HIGH-COURT Judicial Precedent

S. 3Bar of limitationScopeAction must be provided within the statutory time limit

Suit instituted, appeal preferred or an application made after the period of limitation should be dismissed although limitation had not been set up as a defence.

2014 PLC(CS) 12 SERVICE-TRIBUNAL-SINDH Judicial Precedent

Bar of limitationCondonation of delayPrinciples

Before going into the merits of case, the party has to cross the barrier of limitation and Court/Tribunal has to see first the grounds advanced for condonation of delay

Party seeking condonation of delay must explain the delay of each and every day to the satisfaction of court.

2013 SCMR 752 SUPREME-COURT Judicial Precedent

Bar of limitationPrinciples

Limitation was a bar against a party in pursuing its cause and not a bar regarding assumption of jurisdiction by a court because the court for justified reasons could condone the time limitation.

2013 PLC(CS) 1136 SUPREME-COURT Judicial Precedent

Bar of limitationPrinciples

Limitation was a bar against a party in pursuing its cause and not a bar regarding assumption of jurisdiction by a court because the court for justified reasons could condone the time limitation.