Withdrawal of the suit with permission to bring a fresh one---Formal defect ---Limitation---Civil Court accepted the application of the respondents/defendants for rejection of .....

 2024 MLD 485

JAVAID IQBAL BUTT vs RIFFAT MAHMOOD GHAURI

Withdrawal of the suit with permission to bring a fresh one---Formal defect ---Limitation---Civil Court accepted the application of the respondents/defendants for rejection of plaint on the ground of limitation---Appeal was also dismissed---Validity---Under S.9 of the Limitation Act, 1908, once time/limitation had begun to run, the subsequent disability or inability did not stop it---Under O. XXIII, R.2, C.P.C., when first suit was dismissed as withdrawn and second suit was filed, and even if permission was granted, that would not help the party to escape from applicability of limitation---Admittedly, the petitioner first filed suit on 25.07.2005 for permanent injunction against the defendants/respondents in respect of the suit property---Petitioner withdrew the said suit on 03.03.2010 with permission to file fresh one---Thereafter, on 16.03.2010 the petitioner filed suit for specific performance of agreement to sell dated 05.01.2005 in respect of the suit property after lapse of 05-years, 02-months and 11-days whereas under Art. 113 of the Limitation Act, 1908, the prescribed period of limitation to file a suit of specific performance of an agreement to sell was 03 years, as such, the suit of the petitioner was barred by time---Under S.3 of the Limitation Act, it was the duty of the Court to take cognizance regarding question of the limitation at any stage of trial whether the objection was raised by any party or otherwise and it should decide the point of limitation at the first instance and then proceed further with the trial of the case---Concurrent findings of fact were against the petitioner which did not call for any interference by the High Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction