Muhammad Jalil (Late) vs Mian Shams-ut-Tabrez (Late) Para — 2026 YLR 747 PESHAWAR-HIGH-COURT

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Muhammad Jalil (Late) VS Mian Shams-ut-Tabrez (Late) Para. 3---Civil Procedure Code (V of 1908), S.12 (2)---Constitution of Pakistan, Art. 199---Constitutional petition---Judgment, setting aside of---Limitation---Petitioners were aggrieved of setting aside of consent decree dated 09-12-1998 assailed in application under S.12 (2) C.P.C dated 07-04-2021---Validity---Statutes of limitation are not merely procedural but substantive in their operation, they create a bar to legal remedies after prescribed period has elapsed---Law of limitation does not confer any right upon a litigant but strictly regulates exercise of existing rights within fixed time limits---Once statutory period expires, a vested right accrues in favour of opposite party and such right cannot be extinguished or curtailed unless conditions prescribed for such extinguishments are fully satisfied in both letter and spirit--- High Court in exercise of Constitution jurisdiction set aside order in question as the same had been passed against the law and in disregard of settled principles--- Constitutional petition was allowed in circumstances. Citation Name: 2026 YLR 686 PESHAWAR-HIGH-COURT Saif-Ur-Rehman VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence--Accused were charged for committing murder of the brother of complainant by firing---Complainant of the instant case stated that on the night of incident, he along with his family members was sleeping in the house, on hearing the noise of door opening, he woke up and saw his sister missing---Complainant and the deceased went outside the house to search her sister---Complainant stated that he and deceased noticed her sister coming out of the Police-Post; and on inquiry she disclosed her physical relationship with the appellant---So complainant and the deceased went to the Police-Post, started altercation which infuriated the appellants and they started firing at them---From the firing of the appellant "GH", complainant received a firearm injury, whereas from the fire made by the appellant "SR", the deceased received a firearm injury---Injured were shifted to the hospital where the matter was reported, but the deceased while proceeding to the hospital breathed his last---Complainant was cross-examined with an attempt to extract something favourable to the appellants, but he remained consistent regarding the manner in which the incident occurred and regarding the manner in which they were shifted to the hospital and the matter was reported---Injuries on the body of the complainant had left no ambiguity in telling that he received the injuries in the same transaction and that the deceased also received a firearm injury at the hands of the appellant, "SR"---Stance of the complainant got strength from the statement of the scribe, as it was the scribe who reached to the Police-Post and it was he, who collected the injured from the spot and shifted them to the hospital, in his official vehicle---Recoveries of blood through cotton from the spot along with empties of different bores had further added to the miseries of the appellants and despite struggle, the defense could not succeed in convincing to disbelieve the case of the prosecution---Medical evidence fully supported the story of the prosecution, as there was altercation followed by a free fight, so the stamp of injuries on the body of the complainant, the appellant and the deceased left no ambiguity that the incident occurred in the said manner---Appeal to the extent of the appellant "SR" was partially allowed and instead he was convicted and sentenced under S.302(b) P.P.C to life imprisonment and the remaining portion of the judgment to his extent was left intact.

Muhammad Jalil (Late) vs Mian Shams-ut-Tabrez (Late) Para — 2026 YLR 747 PESHAWAR-HIGH-COURT

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