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MUHAMMAD ASHRAF vs Sh — 2022 PLD 414 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 414 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
MUHAMMAD ASHRAF vs Sh
Subject matter
Civil
Provisions referred to
S. 28---L; S. 19---S; S. 28; Limitation Act (IX of 1908); Punjab Consumer Protection 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 ASHRAF VS Sh. MUHAMMAD AKRAM S. 28---Limitation Act (IX of 1908), S. 19---Settlement of claims---Limitation---Effect of acknowledgment in writing---Scope---Appellant got booked his commodities through cargo service of respondents---Cargo of the respondents was stolen away---Respondents admitted the claim of appellant and issued a cheque, which was dishonoured on its presentation---Legal notice was served upon the respondents that was followed by filing of the claim in the Consumer Court---Consumer Court dismissed the claim on the ground that it was barred by time in terms of subsection (4) of S. 28 of Punjab Consumer Protection Act, 2005---Appellant claimed extension in period of limitation on the ground that when the respondents were approached, without issuing a formal written notice, they solicited time from the appellant to trace the goods but later on admitted the claim and handed over a cheque---Validity---Even if the cheque was taken as an acknowledgment, it was issued after expiry of the specified period of thirty days---Fresh cause of action on the basis of acknowledgment would have come into play had the cheque been issued before the expiration of the thirty days---Appeal was dismissed.

Other judgments reported in 2022 PLD

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