Directed to be enforced by the High Court in the exercise

The Hon’ble apex Court formulated the following question for determination: The significant question which thus would arise is, that where a claim of a person emerging from the breach of contract, which (claim) admittedly is barred by time if agitated before the Court of plenary / original civil jurisdiction, whether such claim can be directed to be enforced by the High Court in the exercise of its extraordinary jurisdiction, within the parameters of Article 199 of the Constitution of Pakistan 1973.
 The Court Held (at p. 262):

 …the provisions of Limitation Act, 1908 cannot be stricto sensu made applicable to the claims set forth in constitutional jurisdiction of the High Court, but if the claim on the face of it is barred by law of limitation in relation to the suit, the relief should be refused to the writ petitioners on the rule of laches and past and closed transaction.

2013 SCMR 238