In Pakistani law, the court is responsible for addressing the issue of limitation, irrespective of whether it is specifically raised by the parties.
To elaborate, consider the following points:
- Duty of the Court: Courts are obligated to examine the question of limitation, regardless of whether the parties have raised it.
- Limitation Act, 1908: According to Section 3 of the Limitation Act, 1908, the court is duty-bound to examine the question of limitation irrespective of whether it is raised by the parties, reinforcing the court’s responsibility to address limitation issues, whether explicitly pleaded or not.
- Addressing Limitation: The court must consider the question of limitation even if no objection has been raised to it.
- Mixed Questions of Law and Fact: The issue of limitation is not purely a question of law but a mixed question of law and facts, requiring evidence to be resolved. Therefore, the court is obligated to address it.
Supporting Judgments
The following judgments support the court’s responsibility to address limitation issues:
- Muhammad Arshad and 2 others v. Muhammad Akram and 10 others, 2017 CLC 154: The court noted that under Section 3 of the Limitation Act, 1908, the court is duty-bound to examine the question of limitation irrespective of whether it is raised by the parties.
- Musarrat Bivi and 3 others v. Additional District Judge, Bhowana and another, 2024 YLR 652: The court emphasized that it is the duty of every court to consider the question of limitation, irrespective of whether an objection is raised.
- Mst. SHAMSHAD BEGUM and 2 others Versus Mst. LAILA KHANUM and others, 2022 MLD 341: The court reasoned that the suit of the respondents was prima facie within time based on the averments in the plaint. Furthermore, the court emphasized that the question of limitation is not a pure question of law but a mixed question of law and facts, which requires evidence to be resolved.
Conclusion
Based on the legal principles and the cited judgments, it is evident that Pakistani courts have the authority and the duty to address the general issue of limitation, irrespective of whether it is specifically pleaded by the parties. The court’s duty is to ensure that suits are within the prescribed limitation period, and it cannot be ignored even if the parties do not raise the issue.