FAQIR HUSSAIN vs KHAN SHER Extinguishing existing rights — 2025 PLD 221 PESHAWAR-HIGH-COURT

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FAQIR HUSSAIN VS KHAN SHER Extinguishing existing rights---Scope---Such interpretation cannot be favoured, which results in extinguishing existing rights unless same is expressly intended by legislature in some statute. Citation Name: 2025 PLD 221 PESHAWAR-HIGH-COURTBookmark this Case FAQIR HUSSAIN VS KHAN SHER S. 3---Limitation---Effect---Law of limitation normally extinguishes remedy even in respect of an existing right, on passing of prescribed period of limitation---This lack of remedy for enforcement of right may render the very right unenforceable and therefore, abolition of right or its abridging would be quite conspicuous. Citation Name: 2025 PLD 221 PESHAWAR-HIGH-COURTBookmark this Case FAQIR HUSSAIN VS KHAN SHER S. 8---Limitation Act (IX of 1908), S. 3 & First Sched., Art. 181---Constitution of Pakistan, Art. 247 (since repealed under the 25th Constitutional Amendment)---Civil Procedure Code (V of 1908), S.47---Execution proceedings---Objection---Non-recording of evidence---Condemned unheard---Merger of FATA with the Province of Khyber Pakhtunkhwa---Limitation Act, 1908---Applicability---Matter between the parties was with regard to a piece of land which had been decided by Council of Elders (Jirga) in favour of respondent---Petitioner/ objector assailed execution proceeding filed by respondent on the plea that it was barred by time---Executing Court dismissed the objection filed by respondent/objector---Validity---Provision of Limitation Act, 1908, has its effect from the date of promulgation of 25thConstitutional Amendment i.e. 31-5-2018---Execution petition was filed on 07-10-2020 by respondent, which was well within three (03) years of the date of merger, as provided in First Schedule, Art. 181 of Limitation Act, 1908---Objection petition could be decided without affording petitioner/ objector further opportunity of recording evidence, if material on record was sufficient for decision of the question raised in objection petition---Executing Court called Jirga members and appointed them as local commission and recorded their statements whereupon petitioner/objector had been allowed liberal opportunity of cross examination---Petitioner/objector during proceedings before Executing Court never made a request to allow him for further evidence---Petitioner/objector could not substantiate with the help of any document that such request had ever been made before Executing Court---High Court in exercise of revisional jurisdiction declined to interfere in the order passed by Executing Court on the ground that petitioner/objector had not been afforded opportunity of recording evidence in objection petition---Petitioner/objector failed to point out any illegality or material irregularity in the order passed by Executing Court---Revision was dismissed, in circumstances.

FAQIR HUSSAIN vs KHAN SHER Extinguishing existing rights — 2025 PLD 221 PESHAWAR-HIGH-COURT

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