MUHAMMAD AKHTAR vs ABDUL REHMAN S — 2022 CLC 1871 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 1871 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: MUHAMMAD AKHTAR vs ABDUL REHMAN S
Subject matter: Civil
Provisions referred to: S. 115; Limitation Act (IX of 1908); Validity---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

MUHAMMAD AKHTAR VS ABDUL REHMAN S.115, O.XXXVII, Rr.1, 2 & 4---Limitation Act (IX of 1908), Ss. 3 & 5---Recovery of money---Ex-parte judgment, setting aside of---Limitation---Proceedings beyond limitation---Effect---Petitioner / defendant sought setting aside of ex-parte judgment and decree passed against him---Trial Court declined to set aside judgment and decree in question as the same was filed beyond limitation---Validity---Limitation Act, 1908, is a substantive law and after lapse of prescribed period provided under law valuable right accrues in favour of opposite party in whose favour an order or judgment is passed---Party aggrieved has to explain delay of each and every day showing sufficient cause---Petitioner/defendant gained knowledge on 09-09-2015 but filed application for obtaining certified copies on 10-10-2015 i.e. after lapse of prescribed period for filing application for leave to appear and contest the suit after service or gaining knowledge---Lethargic attitude adopted by petitioner/defendant could not be ignored because ignorance of law was not ground for condoning delay---High Court maintained order passed by Trial Court, as there was no illegality and irregularity committed rather vested jurisdiction was aptly and judiciously exercised while passing order in question---Revision was dismissed, in circumstances.

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