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Citation Name: 2023 MLD 1819 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMTIAZ ALI vs MUHAMMAD SADIQ S — 2023 MLD 1819 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 MLD 1819 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
MLD
Parties
Citation Name: 2023 MLD 1819 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMTIAZ ALI vs MUHAMMAD SADIQ S
Subject matter
Criminal
Provisions referred to
S. 12---; S. 115; S. 3---L; Civil Procedure Code (V 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

Citation Name: 2023 MLD 1819 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMTIAZ ALI VS MUHAMMAD SADIQ S. 12--- Civil Procedure Code (V of 1908), S. 115, O. VII, R. 11 & O. XXIII, R. 2---Suit for specific performance of agreement to sell---Withdrawal of suit---Limitation for second suit---Rejecting of plaint---Concurrent findings of two Courts below---Plaintiff sought specific performance of agreement to sell but his plaint was concurrently rejected by two Courts below, as the same was barred by limitation---Validity---First suit instituted by plaintiff was within prescribed period of limitation but he withdrew the suit with permission to file afresh, which permission was conditional---Situation of second suit was catered by the provision of O. XXIII, R. 2, C.P.C.---For purpose of limitation, first suit, which has been withdrawn, is not to be taken into consideration at all, so the time spent on such a suit is not to be deducted for the subsequent suit---There were concurrent findings of two Courts of competent jurisdiction founded on well-established principles of law---Plaintiff failed to point out any illegality or material irregularity in the judgments of both the Courts below---Scope of revisional jurisdiction was circumscribed to eventualities mentioned in S. 115, C.P.C.---High Court declined to interfere in concurrent findings of two Courts below---Revision was dismissed, in circumstances. Citation Name: 2023 MLD 1819 LAHORE-HIGH-COURT-LAHOREBookmark this Case IMTIAZ ALI VS MUHAMMAD SADIQ S. 3---Limitation---Scope---Once limitation starts running, it cannot be stopped---Limitation is always pivotal question, which cannot be ignored by Court even by invoking principles of equity.

Other judgments reported in 2023 MLD

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