It is settled rule that in the event of filing a fresh suit time will run against the plaintiffs from the date of institution ...........

It is settled rule that in the event of filing a fresh suit time will run against the plaintiffs from the date of institution of the first suit and that the institution of the fresh suit could not affect limitation. Order XXIII, Rule 2, C.P.C. mandates that in any fresh suit instituted on permission granted under the last preceding rule the plaintiff shall be bound by law of limitation in the same manner as if the first suit had not been instituted. In view of the clear rule the petitioners were responsible for the time consumed in the former suit and the same period will have to be counted against them.

C.R. No.12352 of 2022
Dost Muhammad Khan (deceased) through L.Rs Versus Fareed Muhammad Khan and others
2024 Y L R 793