MUJEEB-UR-REHMAN vs MALAK SADIQ AHMAD S — 2022 CLC 2013 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 CLC 2013 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: CLC
Parties: MUJEEB-UR-REHMAN vs MALAK SADIQ AHMAD S
Subject matter: Civil
Provisions referred to: S. 24---C; S. 3---P; Civil Procedure Code (V of 1908); Limitation Act (IX of 1908); Civil Procedure Code; 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

MUJEEB-UR-REHMAN VS MALAK SADIQ AHMAD S.24---Civil Procedure Code (V of 1908), O.IV, R.1---Limitation Act (IX of 1908), S. 3---Phrase "shall not extend beyond thirty days of the filing of the suit"---Explanation of the proviso---Word "beyond" meant a decree where a specified action impossible---"Filing of the suit" would definitely mean the day when the Presiding Officer after removal of all office objections directs formal registration of suit by entering it in the institution register, because the word "file" meant to deliver a legal document to the Court Clerk/custodian of record for placement in the official record---Order IV, R.1(1) of Civil Procedure Code provided that every suit had to be instituted by presenting a plaint to the Court or such officer as it would appoint in this behalf and R.2 of the same O.IV required that every plaint presented to the Court has to be entered/numbered in a book (register of civil suits)---As par Explanation to Section 3 of the Limitation Act, 1908, a suit was instituted in ordinary cases, when the plaint was presented to the proper officer. Head Notes

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