Mst. ZAHIDA PARVEEN vs LAMREY CERAMICS (PVT — 2021 PLD 635 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2021 PLD 635 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2021
Reporter: PLD
Parties: Mst. ZAHIDA PARVEEN vs LAMREY CERAMICS (PVT
Subject matter: Civil
Provisions referred to: S. 5---; S. 5; 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. ZAHIDA PARVEEN VS LAMREY CERAMICS (PVT.) LIMITED S. 5---'Pardanasheen lady'---Cause of action barred by time---Condonation of delay---Principles relating to justification for condonation of delay in cases involving Pardanasheen lady---"Pardanasheen lady" was not a term of art; it has legal purport, impact and significance, which encapsulated certain defences in favour of a woman taking and establishing such plea, which were not available to other persons under the law; it was a bulwark, which offered legal immunity from certain ordinary binding legal principles especially a valid legal justification to substantiate the plea for condonation of delay on the touchstone of being unaware or uninformed; it offered a legitimate defence to agitate a cause of action which was otherwise barred by flux of time under the applicable limitation criteria---Valid excuse of being a pardanasheen lady therefore offered a strong ground and a reasonable consideration for exercising discretion in favour of a time barred application, as it could be taken as a sufficient cause within the contemplation of S.5 of the Limitation Act, 1908 to condone the delay.

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