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IMAM BAKHSH vs MUHAMMAD SIDDIQUE Ss — 2022 CLC 81 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 81 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
IMAM BAKHSH vs MUHAMMAD SIDDIQUE Ss
Subject matter
Criminal
Provisions referred to
S. 47---S; Limitation Act (IX of 1908); Civil Procedure Code (V of 1908); 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

IMAM BAKHSH VS MUHAMMAD SIDDIQUE Ss.12 & 54---Limitation Act (IX of 1908), Art.113---Civil Procedure Code (V of 1908), S.47---Suit for specific performance of agreement to sell and injunction---Limitation period, computation of---Principle---Suit filed by respondent/plaintiff was decreed in his favour---Plea raised by petitioner/defendant was that suit was barred by time---Validity---Limitation period prescribed under Art.113 of Limitation Act, 1908, was 3 years for filing of suit for specific performance of agreement---Two categories viz where in agreement date was fixed for performance and where no date of agreement was fixed---In first case period was to commence from date fixed in agreement, while in the second case period was to commence from the date of refusal--- Respondent/plaintiff filed suit after more than 10 years of refusal to perform agreement despite direction was made by Board of Revenue to approach Civil Court---Instead of approaching Civil Court respondent/plaintiff assailed orders/judgments up to High Court and Supreme Court--- Judgment of Board of Revenue was upheld by Supreme Court and delay of intervening period of litigation before revenue hierarchy was not condoned by High Court---Judgments and decrees passed by two Courts below were set aside as suit filed by respondent/plaintiff was barred by time--- Revision was allowed, in circumstances. Head NotesCase Description

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