وراثت کے معاملات میں بھی قانون معیاد سماعت کا اطلاق ہوتا ہے

The law of limitation is founded on the principle of "Vigilantibus non dormientibus jura subveniunt," meaning "the law assists the vigilant, not those who sleep on their rights." This principle forms a cornerstone of justice, reinforcing that the law favors those who act promptly and diligently. It emphasizes that individuals must be active in asserting their rights and those (naeem)who fail to do so within a reasonable time should not expect the courts to intervene in their favor.

Law of limitation is not just a technical formality but a crucial component of a well-functioning legal system. It provides a framework that ensures legal matters are addressed promptly, preventing evidence from being lost, memories from fading, and facts from becoming distorted over time. Furthermore, it protects potential defendants from (naeem)being subjected to claims long after they could reasonably expect such challenges, fostering certainty and finality in legal matters. By requiring claimants to act within a specific period, the law promotes diligence and responsibility in the pursuit of legal remedies. Those who neglect to assert their rights, as in this case, effectively forfeit their ability to challenge matters that could have been addressed much earlier.

In the present case, the petitioner's inaction for over 27 years clearly demonstrates a failure to uphold this principle. The law of limitation exists to prevent precisely this kind of neglect, ensuring that claims are brought forth when evidence is fresh and facts are clear. To allow this claim after such an extraordinary delay would not only undermine the integrity of the legal (naeem)system but would also set a dangerous precedent, suggesting that legal rights can be asserted at any time, regardless of the passage of decades.

C.P.L.A.1182-L/2018

Akhtar Nasir Ahmed v. Province of Punjab through District Collector Gujrat & others
Mr. Justice Syed Hasan Azhar Rizvi
09-10-2024