Mst. KISHWAR SULTANA vs NIZAM-UD-DIN (DECEASED), through Legal Heirs S — 2023 CLC 1349 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1349 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Mst. KISHWAR SULTANA vs NIZAM-UD-DIN (DECEASED), through Legal Heirs S
Subject matter: Criminal
Provisions referred to: S. 3---C; S. 12; S. 3; Civil Procedure Code (V 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

Mst. KISHWAR SULTANA VS NIZAM-UD-DIN (DECEASED), through Legal Heirs S.3---Civil Procedure Code (V of 1908), S.12(2) & O.IX, Rr. 2 & 4---Fraud, misrepresentation and want of jurisdiction---Second application filed under S.12(2), of the Civil Procedure Code, 1908---Limitation---Scope---Petitioner/lady moved application under S.12(2), C.P.C., which was dismissed on account of non-deposit of process fee; then after 11 months of said dismissal, she filed application for restoration which was dismissed on the ground of limitation---Petitioner, instead of assailing order rejecting the restoration, moved second application under S.12(2), C.P.C.---Civil Court dismissed second application of the petitioner which order was maintained by the Appellate Court---Held, that an application under S.12(2), C.P.C., was to be filed within a period of three years---Period of three years , in present case, commenced from the date of knowledge when the petitioner filed her first application under S.12(2), C.P.C.---Second application under S.12(2), C.P.C, was filed by the petitioner after more than four years of said date of knowledge --- Conditions precedent for re-filing the same was subject to limitation, available to the petitioner under O. IX, R. 4, C.P.C.---If the second suit/application was not filed within period of limitation, then such proceedings would be hit by provisions of S. 3 of Limitation Act, 1908---Second application of the petitioner was time barred---Civil revision was dismissed in limine, in circumstance.

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