2021 CLC 103 Lahore
--O.VII, R. 11 Civil Procedure Code (V of 1908) ==== Suit for recovery of money-- Rejection of plaint-- Barred by time-- Defendant was aggrieved of dismissal of his application by Trial Court declining to reject the suit being barred by time-- Cause of action was required to be ascertained through recording of evidence-- Explicit acknowledgment existed on behalf of plaintiff that many times and finally on 15-9-2015 defendant was directed to make payments which was not done-- Date of occurrence of cause of action agitated by plaintiff was 15-9-2015 and suit was filed on 20-7-2018 and was apparently within time as per assertion of plaintiff, which was to be proved through evidence-- Question of limitation was mixed question of law-- High Court in exercise of revisional jurisdiction declined to interfere in the order passed by Trial Court as the same was well reasoned touching the very roots of plea raised by defendant-- Revision dismissed.
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