It is a settled law that limitation is not a mere technicality or a hyper technicality rather once limitation expires, a right accrues in favour of the other side by operation of law which cannot lightly be taken away.

 It is a settled law that limitation is not a mere technicality or a hyper technicality rather once limitation expires, a right accrues in favour of the other side by operation of law which cannot lightly be taken away. Moreover, it is a settled principle of law that question of law even if not taken or raised by the opposite party, could be considered by the Courts even at appellate and revisional stage.

Article 113 of the Limitation Act, 1908 provides three years for filing such suit from the date fixed for the performance or if no such date is fixed, when the plaintiff has notice that performance is refused.

If the suit is found to be barred by limitation, then plaint has to be rejected forthwith without resorting to the evidence or framing of any issue.

Civil Revision No.5690 of 2024
Muhammad Akram Versus Province of Punjab through Collector and others
26-01-2024
2024 LHC 551