Mst. KHAIR BIBI vs GHULAM SARWAR S — 2021 CLC 151 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 151 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: Mst. KHAIR BIBI vs GHULAM SARWAR S
Subject matter: Criminal
Provisions referred to: S. 3---S; Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. KHAIR BIBI VS GHULAM SARWAR S.3---Suit instituted after period of limitation---Effect---Institution of suit after the limitation period would be subject to the provisions of Limitation Act, 1908---Court was bound to decide the question of limitation first and only thereafter proceed to decide the matter on merits---Court was to address the question of limitation irrespective of the fact that whether it was agitated or not---Suit barred by time should be dismissed even if nobody had taken the ground of limitation---Plaint was to be rejected forthwith even without issuing notice to the other side if suit was barred by limitation.

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