Supreme Court of Pakistan
Muhammad Islam Badshah and another v Abdul Wahab Shah and others
Published on this website
Civil Petition No. 675 of 2025
Citation: Approved for reporting; reporter citation not stated in the supplied copy
Background
Background
The Supreme Court directed the trial court to decide limitation and maintainability independently of a pending plaint amendment, without finally deciding the time bar.
Legal questions
Legal questions
The Supreme Court directed the trial court to decide limitation and maintainability independently of a pending plaint amendment, without finally deciding the time bar.
Court holding
What the Court decided
The court may examine limitation suo motu. In this remanded suit, maintainability must be decided independently on the plaint and pleaded cause of action without making it depend on the pending amendment application.
Final outcome
Final outcome
Petition converted into appeal and partly allowed; High Court direction for joint determination set aside to that extent; trial court directed to decide maintainability first after ample hearing. No final Supreme Court finding that the suit was time-barred.
Practical effect
What the decision means in practice
Petition converted into appeal and partly allowed; High Court direction for joint determination set aside to that extent; trial court directed to decide maintainability first after ample hearing. No final Supreme Court finding that the suit was time-barred.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
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Later treatment
Later treatment
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Related article
Related article
The Supreme Court directed the trial court to decide limitation and maintainability independently of a pending plaint amendment, without finally deciding the time bar.
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