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Petitioner: MUHAMMAD YUSUF VS Respondent: HASAN DIN
1969 S C M R 1
1969 S C M R 1
Present: Fazle‑Akbar, C. J. and Abdus Sattar, J
MUHAMMAD YUSUF AND ANOTHER‑Petitioners
versus
HASAN DIN‑Respondent
Civil Petition for Special Leave to Appeal No. 210 of 1968, decided on 5th November 1968.
(On appeal from the judgment and decree of the High Court of West Pakistan, Lahore, dated the 16th February 1968, in Regular Second Appeal No. 212 of 1968).
Civil Procedure Code (V of 1908), S. 100‑Limitation, plea of‑A mixed question of law and fact‑High Court, held, justified in not entering into question.
Ch. Muhammad Anwar Buttar, Advocate Supreme Court instructed by S. Ali Imam Naqvi, Attorney for Petitioners.
Nemo for Respondent.
Date of hearing : 5th November 1968.
ORDER
ABDUS SATTAR, J.‑By this petition leave is sought to appeal from the judgment and decree of a learned Single Judge of the High Court of West Pakistan, Lahore, dismissing a second appeal preferred against the judgment and decree of affirmance of the first appellate Court in a suit for money.
The defendant‑petitioner took a plea of payment only in the suit. This was negatived by the trial Court and this finding was affirmed on appeal.
The argument advanced in the High Court was that as in the plaint the plaintiff only stated that the amount in question was kept in deposit but did not assert that it was payable on demand. The suit was barred by limitation as it was filed after three years of the date of deposit. This argument has been repeated before us.
The learned Judge has rightly observed that the plea of limitation is a mixed question of law and fact and as it was raised for the first time in the High Court it could not be entertained.
The petition is dismissed.
Leave refused