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MUHAMMAD ANWAR vs ESSA O — 2022 PLD 716 SUPREME-COURT

Case information

Citation
2022 PLD 716 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
MUHAMMAD ANWAR vs ESSA O
Subject matter
Criminal
Provisions referred to
S. 3---S; Limitation Act (IX of 1908)

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 ANWAR VS ESSA O. XXIII, Rr. 1 & 2---Limitation Act (IX of 1908), S. 3---Suit barred by limitation---High Court allowing plaintiff to withdraw his time barred suit and file a fresh one---Legality---In the present case, the suit was concurrently dismissed by the Courts after having been found barred by law/time, therefore, the High Court had no power to allow withdrawal of the suit with the permission to file a fresh unless it had reversed the concurrent findings on the question of limitation---Even otherwise, if permission is granted for filing a fresh suit under O. XXIII, R. 1, C.P.C., then, pursuant to O. XXIII, R. 2, the plaintiff is bound by the law of limitation in the same manner as if the first suit had not been filed, therefore, no fresh cause of action would accrue from the date when such permission was granted by the Court---In these circumstances, the second suit filed by the plaintiff was barred by the principle of res-judicata.

Other judgments reported in 2022 PLD

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