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MANZOOR AHMAD vs AZAM ALI O — 2024 MLD 603 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 603 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
MANZOOR AHMAD vs AZAM ALI O
Subject matter
Criminal
Provisions referred to
S. 19; Limitation Act (IX of 1908); 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

MANZOOR AHMAD VS AZAM ALI O. XXXVII, Rr. 1 & 2---Limitation Act (IX of 1908), S. 19 & First Sched., Art. 64-A---Suit for recovery of money---Limitation---Oral acknowledgement---Effect---Appellant / plaintiff was aggrieved of dismissal of his suit by Trial Court---Validity---Amount was payable and had become due on 10-05-2009---Even if date on which cheque was presented and returned unpaid due to lack of funds in bank account of respondent / defendant was taken into consideration amount had become recoverable both as per date of cheque and also as per date of refusal of payment, and suit could therefore be instituted within three years till 05-07-2012 in terms of Art. 64-A of Limitation Act, 1908, which had not been filed on the face of it and was barred by time---Appellant / plaintiff did not claim any acknowledgment in writing on the part of respondent / defendant, nor did he append any or tender in evidence any such acknowledgement---Law did not recognize any oral acknowledgement of liability so as to claim benefit of S. 19 of Limitation Act, 1908---There was no written acknowledgement and plea of alleged extension of limitation was totally unwarranted and was correctly rejected---Suit was filed after 10 years from the date when amount was due and was barred by time---High Court declined to interfere in judgment and decree passed by Trial Court as there was no misreading or non-reading of evidence nor any error of law or jurisdiction could be pointed out---Appeal was dismissed, in circumstances.

Other judgments reported in 2024 MLD

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