PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Mrs. RIFFAT SIRAJ MUNIR vs MOOMAL PRODUCTION (PVT — 2024 CLC 1976 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1976 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
Mrs. RIFFAT SIRAJ MUNIR vs MOOMAL PRODUCTION (PVT
Subject matter
Civil
Provisions referred to
S. 23---C; Limitation Act (IX of 1908); 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

Mrs. RIFFAT SIRAJ MUNIR VS MOOMAL PRODUCTION (PVT.) LIMITED Ss. 42 & 54---Limitation Act (IX of 1908), S.23---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration, injunction and recovery of damages---Infringement of copyright---Continuing breach---Recurring cause of action---Plaintiff claimed to be author of novels in question and sought recovery of damages as well cessation of contract with defendant to use novel in question---Defendant sought rejection of plaint on the plea that suit was barred by limitation---Validity---Question as to whether suit encapsulated fresh claim and had been brought within the applicable period of limitation, merited consideration---Claim was essentially one for infringement of copyright and damages flowing therefrom, for which period of limitation was three years from the date of such infringement---Plaint alluded to acts of alleged infringement of at least one novel, up to 22-07-2010---Acts of infringement constituted a recurring cause of action, providing a fresh period of limitation for filing an action---Whether or not the suit as a whole or certain claims advanced thereunder were barred by limitation remained a mixed question of law and fact, for the determination of which a specific issue was to be framed---Suit might eventually come to be dismissed on such score but it could not be said that the same had to be terminated at an early stage via rejection of plaint---Application was dismissed accordingly.

Other judgments reported in 2024 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English