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1987 MLD 2998

MUHAMMAD AKBAR vs MUHAMMAD HAYAT

Citation1987 MLD 2998
CourtSindh High Court
Case No.High Court Appeal No, 21 of 1985
Date1985-03-11
Judge(s)Saleem Akhter, Naimuddin Ahmed
ResultAppeal dismissed

ORDER

1. ' NAIMUDDIN, J.--This appeal is from the judgment dated 29-10-1984, passed by the learned Single Judge of this Court in Suit No,467 of 1982, whereby he rejected the plaint as being barred by time.

2. The suit was under Fatal Accident Act in respect of the death of the son of the appellant in an accident which took place on 3-3-1981. But the suit was filed on 7-8-1982, beyond a period of one year therefore, it was clearly time-barred. However, two applications were made one under Section 5 of the Limitation Act and the other under 6 of the Limitation Act.

3. ' So far as application under Section 5 of the Limitation Act is concerned, learned Single Judge after perusing two affidavits filed in support of the applications came to the conclusion that the statements made therein are not only inconsistent and contrary to each other but they are not supported by any medical evidence- in support of the plea that the appellant became insane. The learned Single Judge observed that mere fact that due to the shock of the news of the death of his son the appellant fell ill is not enough to enlarge time under Section 6 of the Limitation Act for institution of the proceedings in Court.

4. ' We find that the observation of the learned Single Judge are correct and do not call for any interference. The suit was clearly time-barred and therefore, the plain{ was rightly rejected.

5. Consequently was dismissed this appeal in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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