MUHAMMAD BASHIR vs Syed IMDAD ALI SHAH S — 2023 YLR 1341 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1341 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD BASHIR vs Syed IMDAD ALI SHAH S
Subject matter: Civil
Provisions referred to: S. 3---C; 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

MUHAMMAD BASHIR VS Syed IMDAD ALI SHAH S. 3---Civil Procedure Code (V of 1908), O.XXXVII, R.3---Suit for recovery of money on the basis of pronote---Dismissal of suit instituted after period of limitation---Scope---Court while determining the question of limitation, which is a mixed question of law and facts may require affidavit to be attached with the application for leave to defend, if the said question is to be determined by the resolution of some disputed facts---However, if for resolution of said question of limitation, decision has to be made on admitted facts or facts which are not disputed then the Court on its own can determine the said question of limitation even if not raised by any party whether leave to defend has been granted or not.

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