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SAJID AHMED ANSARI versus AGA KHAN UNIVERSITY HOSPITAL THROUGH CHAIRMAN, KARACHI


Section 23, Arts 22, 36 and 115 of the Contract Act (IX of 1872), Section 2 suit for personal injury damages, the plaintiff met with an electric shock accident on 24 9 1990, and his next arm and foot the same day. The final closed at the hospital. The operation was carried out on 10 10 1990, the plaintiff was discharged from the hospital on 27 10 1990, the plaintiff filed a lawsuit in 19 4 1992, alleging that the defendant had suffered negligence on his leg and foot. The arm is cut off. Which is a permanent cause of action, was prosecuted under section 23 of the Limitation Act 1908. Such execution was completed on 4 10 1990, which is the date when the cause of action for the plaintiff or, on the 27th, 1990, when he was discharged from hospital. The death penalty cannot be declared as a continuing cause of action under section 22 of the Limitation Act, 1908. That the injury should be a commission of an overt act and would not cover the injury that caused the plaintiff to sign a memorandum of consent and operate, which was relieved of duty by the defendant doctor. Agreement may be concluded between the parties. If there was no agreement between the parties, Article 36 of the Limitation Act 1908 could be banned, which would carry a two-year ban. If there is a history of misunderstanding, if there is an agreement between the parties, Article 115 of the Limitation Act, 1908, would be attracted to serve a three-year limit, before the plaintiff expires three years. The lawsuit was filed, therefore, on time

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