livelawpk.com - Objective of Law of Limitation

The Objective of Law of Limitation is not to Confer a Right, but it Ordains an Impediment after a certain period to Enforce an Existing Rights or Claims which have become Stale by the efflux of time --- Supreme Court of Pakistan

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The Objective of Law of Limitation is not to Confer a Right, but it Ordains an Impediment after a certain period to Enforce an Existing Rights or Claims which have become Stale by the efflux of time --- Supreme Court of Pakistan

Islamabad 02-05-2024: The Civil Petition No. 423-L of 2018 was heard by three Member Bench consisting of Honourable Chief Justice Qazi Faez Isa, Mr. Justice Muhammad Ali Mazhar and Ms. Justice Musarrat Hilali. It is observed by the Supreme Court of Pakistan that the objective of the law of limitation is not to confer a right, but it ordains an impediment after a certain period to enforce an existing rights or claims which have become stale by the efflux of time. The Court, under Section 3 of the Limitation Act, 1908 (the “Limitation Act”) is obligated, independently and as its primary duty, to advert to the question of limitation and make a decision, regardless of whether this question is raised by the other party or not. In the case at hand, it cannot lose sight of the fact that the Revision Petition was dismissed for non-prosecution on the statement of the counsel that he had no instructions. While the application moved by the petitioner for resurrection averred that his advocate neither contacted him for any instructions nor did the petitioner ever issue any instructions not to press the revision petition. Instead, the petitioner continued awaiting the decision of his revision petition on merits. In the C.P.C., there is no specific section or order which applies to the restoration of revision application dismissed in default. In unison, no specific Article is mentioned in the Limitation Act, whereby any specific period of limitation is provided for applying for restoration of a revision application dismissed for non-prosecution. To address this situation, the legislature has provided a residuary Article 181 in the Limitation Act, which is meant for all applications for which no period of limitation is provided elsewhere in the schedule or by Section 48 of the C.P.C., and within the province and under the purview of this Article, all such applications can be preferred within a period of 3 years when the right to apply accrues.