If the plea of limitation is not pressed it is the duty of the Court to determine such issue.

In this regard guidance can also be sought from Haji Muhammad Shah v. Sher Khan and others (PLD 1994 Supreme Court 294) wherein it has been held:

‘With regard to limitation it is not disputed that question of limitation is a mixed question of fact and law and even if the plea of limitation is not pressed it is the duty of the Court to determine such issue.’

Part of Judgment