On August 12, 2023, Hon'ble Mr. Justice Jawad Hassan, Judge Lahore High Court Lahore, delivered a lecture on "Limine Control in Civil Cases" to the under training participants of Pre-Service Training Program 2023 for Newly Appointed Additional District & Sessions Judges and Civil Judge-Cum-Magistrates. The Lordship shared his experiences, stressed upon for speedy disposal of cases under the Law, by applying doctrine of Limine control.
While addressing the trainee judges, his lordship emphasized on Limine Control of cases and stated that it is a general practice of Courts that in civil cases, the Courts, instead of dismissing the misconceived matters at limine stage, issue notices to the respondents who not only face inconvenience but also suffer monetary loss. Thus, for early and expeditious disposal of such like matters and other cases pending in the Courts all over the country and in order to strengthen the perception of general public about the rule of law; there is urgent need to adopt “Limine Control Doctrine.” According to Cassell’s Latin Dictionary, the word “Limine” comes from the latin noun “Limen”, meaning “the threshold”. Hence, the phrase “In Limine” means “at the threshold”. In Black‟s Law Dictionary (5th ed. 1979) the phrase is defined as “on or at the threshold; at the very beginning; preliminary”. In The Bank of Nova Scotia V. Edward M. Del Grande the court of appeal for ontariogrange j.A. (in chambers) defined motion in limine as:-
“In limine is not an expression in common current use. It means simply preliminary.”
The concept of limine control is not a new one; in number of constitutional petitions filed under Article 199 of the Constitution, the Hon’ble Superior Courts dismissed the petitions in limine. In appellate domain the Honorable Superior Courts have also applied doctrine of “Limine control” and have dismissed appeals in limine.
Similarly, it is advisable that due to huge pendency of false, frivolous and malicious claims and to curtail undue harassment of defendants and to generate public confidence in the judicial system, the trial Courts/lower appellate Courts should judiciously and equitably apply doctrine of limine control through effective use of provisions of Civil Procedure Code, 1908 i.e. Oder 7 Rule 11, Order 7 Rule 10, Order 15 Rule 1 to 4, Order 41 Rule 11 and Section 56 of Specific Relief Act, 1877. Under the wisdom that the court could always, nip a frivolous suit in the bud, in order to retain its docket and time for more serious claims. Such exercise of discretion is grounded on good public policy and case management plan.
His lordship referred to the judgement reported in Billy Blanks ET AL. Vs. Seyfarth Shaw LLP et al. reported at 171 Cal.App.4th 336 (2009) 89 Cal.Rptr.3d 710, Hawthorne Partners, an Illinois General Partnership Vs. AT & T Technologies, Inc., a New York Corporation, and ENSR Corporation, a Delaware Corporation reported at 831 F.Supp. 1398 (1993), 2016 SCMR 842, 2011 SCMR 1813, PLD 2010 SC 969, 2017 PLC (CS) 304, 1988 SCMR 1680, PLD 2007 SC 298, 1968 SCMR 1136 and PLD 1962 SC 108.
