Limitation ---
---- Principles --- Law of limitation provides an element of certainty in the conduct of human affairs --- Law of limitation is a law that is designed to impose quietus on legal dissensions and conflicts ; it requires that persons must come to Court and take recourse to legal remedies with due diligence --- Therefore , the limitation cannot be regarded as a mere technicality --- With the expiration of the limitation period , valuable rights accrue to the other party .
Civil Petition No.1787-L of 2022
CHIEF EXECUTIVE OFFICER NPGCL , GENCO-III ,TPS MUZAFARGARRAH versus KHALID UMAR TARIQ IMRAN and others ---
2024 S C M R 518
Civil Procedure Code---S .11 & 0.II, R.2 -
Qanun-e-Shahadat Art--114 ---
Concurrent or co - existent actions or remedies --- Choice of aggrieved person --- ' Doctrine of election' --- Scope --- When an aggrieved person intends to commence any legal action to enforce any right and or invoke a remedy to set right a wrong or to vindicate an injury , he has to elect and or choose from amongst the actions or remedies available under the law --- Choice to initiate and pursue one out of the available concurrent or coexistent actions or remedy from a forum of competent jurisdiction vests with the aggrieved person --- Once the choice is exercised and the election is made then the aggrieved person is prohibited from launching another proceeding to seek relief or remedy contrary to what could be claimed and or achieved by adopting other proceeding/action and or remedy , which in legal parlance is recognized remedy from as ' doctrine of election ' --- Giving a choice to select a among several coexistent and / or concurrent remedies prevents the recourse to multiple or successive redressals of a singular ' wrong or impugned action --- It also provides an opportunity for an aggrieved person to choose a remedy that best suits the given circumstances --- Such a rule of prudence has been developed by courts of law to reduce the multiplicity of proceedings --- As long as a party does not avail of the remedy before a Court of competent jurisdiction all such remedies remain open to be invoked --- Once the election is made then the party generally , cannot be allowed to hop over and shop for one after another coexistent remedies .
Civil Petition No.1787-L of 2022
CHIEF EXECUTIVE OFFICER NPGCL , GENCO-III ,TPS MUZAFARGARRAH versus KHALID UMAR TARIQ IMRAN and others ---
2024 S C M R 518
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