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ABDUL MAJID BUTT vs UNITED CHEMICALS LTD. Case No — 1970 PLD 298

Citation: 1970 PLD 298

Court: Lahore High Court

Year: 1969

Decision Date: 1969-03-20

Parties: ABDUL MAJID BUTT vs UNITED CHEMICALS LTD.

Headnotes

JUDGMENT JUDGMENT The necessary facts are these Abdul Majid Butt, the petitioner herein, sued in forma pauperis for the recovery of Rs. 2,50,0'10.00 from the respondent (United Chemical Ltd.

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah Title: ABDUL MAJID BUTT vs UNITED CHEMICALS LTD. Case No.: Civil Revision No. 657 of 1968 Date of Judgment:1969-03-20 Reported As: PLD 1970 Lahore 298 Result: A. JUDGMENT JUDGMENT The necessary facts are these Abdul Majid Butt, the petitioner herein, sued in forma pauperis for the recovery of Rs. 2,50,0'10.00 from the respondent (United Chemical Ltd. Kala Shah Kaku) alleging that on 14-1-66, while on duty and in the due discharge of his employment he met with, due to the respondent's culpable negligence, a serious accident in consequence whereof he lost both his eyes and one ear. His hands as also his face were burnt and he had become disfigured beyond recognition. The accident was stated to have been caused by an explosion of a part of the solidification plant dealing with caustic soda. The medical report dated 4-4-66 showed that he had become disabled for life. He, accordingly claimed Rs. 2,50,000.00 as damages and applied for leave to sue in forma pauperis. The said action and the application were instituted on 11-12-67. 2. A preliminary objection was raised by the respondent that the application was barred by time, which gave rise to the following issue: "Whether the application is within time?" 3. The learned trial Court observed that under Order XXXIII, rule 5(d), C. P. C. It was necessary for the petitioner to show that he had a subsisting cause of action on the date when the application was made and if the…

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