NEMATULLAH KHAN Versus ADDITIONAL DISTRICT JUDGE
FAISAL ZAMAN KHAN, J .---Through this petition judgments and decrees dated 17.12.2016 and 24.04.2017 passed by respondents Nos.2 and 1, respectively, have been assailed. By virtue of the former judgment, a suit for recovery of maintenance allowance and dowry articles instituted by respondent No.3 against the petitioner has been decreed and through the latter the respective appeals preferred by the petitioner and respondent No.3 have been partially accepted.
2. At the outset of hearing, learned counsel for the petitioner has been confronted with the situation that this petition is hit by principle of laches insofar as that the impugned consolidated judgment and decrees were passed by respondent No.1 on 24.04.2017 where-upon present petition has been filed on 04.05.2018 i.e. after a considerable delay, that too without any plausible explanation.
3. In spite of his earliest effort, learned counsel for the petitioner has not been able to explain the delay caused in filing the instant writ petition.
4. Despite service and representa-tion, none has entered appearance on behalf of respondent No.3, therefore, she is proceeded against ex parte.
5. Arguments heard. Record perused.
6. A perusal of the available record would show that the impugned consolidated judgment and decrees were passed by respondent No.1 on 21.04.2017, whereupon, certified copy of the same was applied on 10.02.2018, which was prepared on 12.02.2018, however, the same was received by the petitioner on 02.03.2018, whereafter, on 04.05.2018 present petition was filed without explaining the delay caused during the interregnum period (24.04.2017 to 04.05.2018), therefore, this petition ex facie is hit by the principle of laches.
7. The Honourable Supreme Court of Pakistan has discussed the afore- noted principle in judgment reported as State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others (2012 SCMR 280), the operative part of which is reproduced below:
"Laches is a doctrine whereunder a party which may have a right, which was otherwise enforceable, loses such right to the extent of its enforcement if it is found by the Court of a law that its case is hit by the doctrine of laches/ limitation. Right remains with the party but it cannot enforce it. The limitation is examined by the Limitation Act or by special laws which have inbuilt provisions for seeking relief against any grievance within the time specified under the law and if party aggrieved do not approach the appropriate forum within the stipulated period/time, the grievance though remains but it cannot be redressed because if on one hand there was a right with a party which he could have enforced against the other but because of principle of limitation/laches, same right then vests/accrues in favour of the opposite party."
8. This judgment has further been upheld by the Honourable Supreme Court of Pakistan in judgment reported as Dr. Muhammad Tahir ul Qadri v. Federation of Pakistan through Secretary Ministry of Law, Islamabad and others (PLD 2013 SC 413).
9. It is also settled by the superior courts that even a void order has to be assailed within the period of limitation prescribed under the law. Reliance in this regard can be placed on Abid Hussain v. Secretary, Ministry of Defence, Govern-ment of Pakistan through Chief of Air Staff Islamabad (2021 SCMR 645), Ghulam Hussain Ramzan Ali v. Collector of Customs (Preventive), Karachi (2015 PTD 107), Ghulam Hussain Ramzan Ali v. Collector of Customs (Preventive), Karachi (2014 SCMR 1594), Gen. (R.) Parvez Musharraf v. Nadeem Ahmed (Advocate) and another (PLD 2014 SC 585) and Messrs Blue Star Spinning Mills Ltd. v. Collector of Sales Tax and others (2013 SCMR 587).
10. Although no period of limitation is prescribed for invoking the jurisdiction of this Court, however, the principle to follow is that it has to be invoked within reasonable time, which in the present case was not done.
11. In view of the above, this petition being not maintainable is dismissed.
MQ/N-20/L Petition dismissed.