Citation Name: 2023 CLC 1725 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ANWAR JAWED vs GHULAM MUHAMMA

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Citation Name: 2023 CLC 1725 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ANWAR JAWED VS GHULAM MUHAMMAD S.42---Limitation Act (IX of 1908), S.3 & Art.113---Discretion of Court as to declaration of status or right---Scope---Petitioner had sought decree for declaration of title on the basis of alleged agreement to sell dated 21.05.1984 from a non-title holder, which even did not create any right, title or interest in the property---Court could mold the alternate relief, but in the present case the petitioner possessed no cause of action to claim for specific performance of the purported agreement even beyond the scope of three years provided under Art.113 of the Limitation Act, 1908, as present suit was filed after more than thirty-eight years of its execution, which too was bound to fail on that score alone---Revision was dismissed. Citation Name: 2023 CLC 1725 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ANWAR JAWED VS GHULAM MUHAMMAD S.115 & O.VII, R.11---Revisional jurisdiction---Scope---Rejection of plaint---During the course of exercise of revisional jurisdiction the Court could pass any order needed in the circumstances of the case including rejection of plaint, if the same was required on the touchstone of the provision of O.VII, R.11, C.P.C.---Where the suit was apparently found to be time barred, the Court was bound to reject the plaint in exercise of visitorial/corrective powers under revisional jurisdiction---Revision was dismissed and the plaint was rejected under O.VII, R.11, C.P.C. Citation Name: 2023 CLC 1725 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ANWAR JAWED VS GHULAM MUHAMMAD O.VII, R.11---Rejection of plaint---Scope---As soon as Court comes to the conclusion that suit is barred by law, the plaint is to be straightaway rejected to relieve the defendant(s) of vexatious litigation---Such power can be exercised at any stage and even by the Appellate or Revisional Court---Court is also empowered to reject the plaint suo motu without there being any application filed by rival party, when it comes to the conclusion that it does not disclose any cause of action or is barred by time/law. Citation Name: 2023 CLC 1725 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ANWAR JAWED VS GHULAM MUHAMMAD O.XXIII, R.2---Limitation Act (IX of 1908), S.9---Limitation law not affected by first suit---Continuous running of time---Scope---Mere withdrawal of the previous suit to the extent of institution of present one even with permission of the Court neither provided fresh cause of action nor extended point of limitation---In case of withdrawal of first suit, plaintiff(s) was/were bound by law of limitation to proceed with his/their subsequent suit, as if the first one was never filed---Time once starts running, no subsequent event can stop the same. Citation Name: 2023 CLC 1725 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ANWAR JAWED VS GHULAM MUHAMMAD S.3---Dismissal of suit, etc instituted, etc. after period of the limitation---Scope---Court is to scrutinize the plaint, application and appeal on the point of limitation regardless of the fact that said issue had been agitated by either party or not---Law of limitation was not merely a technicality, rather said statute furnishes certainty/regularity to the human affairs, matters and dealings---Law helps the vigilant and not indolent, whereas after expiry of prescribed limitation, a vested right always accrues in favour of the rival party---Where the proceedings are launched beyond the scope of limitation Court cannot assume jurisdiction---Law of limitation being statute of repose was designed to quit title as well as to bar, stale water logged disputes, which must be strictly complied with.

Citation Name: 2023 CLC 1725 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ANWAR JAWED vs GHULAM MUHAMMAD S — 2023 CLC 1725 LAHORE-HIGH-COURT-LAHORE

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