PLD 2024 Supreme Court 698
Limitation Law: Object and Scope
Public Interest and Finality in Litigation
The law of limitation aims to provide finality in litigation to serve the public interest. It ensures certainty in human affairs by requiring timely recourse to legal remedies.
Certainty and Diligence
Limitation laws are designed to impose a quietus on legal conflicts and dissensions. Remedies must be sought with due diligence within the prescribed limitation period. The expiration of the limitation period results in the accrual of valuable rights to the other party.
Not a Mere Technicality
The limitation period cannot be regarded as a mere technicality. Its observance is essential for maintaining the orderly conduct of legal processes.
Cases Involving Government and Autonomous Bodies
The Supreme Court emphasized that cases involving the Federal or Provincial Governments, departments, or autonomous bodies must adhere to the limitation prescribed by law. Any delay in filing proceedings must be justified with sufficient grounds. Without such justification, preferential treatment cannot be granted to governmental entities; their cases should be treated similarly to those of ordinary litigants or citizens.
Equal Treatment
His Lordship observed that the concerned governments and departments must understand the importance of complying with the limitation periods. Preferential treatment is not permissible without valid and acceptable reasons for delay, ensuring equal treatment under the law.
Key Legal Provisions Referenced:
Ss. 3 & 5: Pertains to the provisions related to the law of limitation in the context of filing cases before the Supreme Court.
Conclusion
The Supreme Court in PLD 2024 SC 698 reaffirms the importance of adhering to the law of limitation to ensure certainty and finality in legal affairs. Government entities are not exempt from this requirement and must provide justifiable reasons for any delay in filing cases, similar to ordinary litigants.