Law: Limitation Act, 1908

Section: 18,120

(a) Pleadings-------Evidence---Adducing of evidence---Principles---No one can be allowed to prove his case beyond the scope of his pleadings---Party to litigation is precluded in law to adduce evidence which is inconsistent and contrary to its case, specifically set out in the plaint or written statement. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 and Mst. Jannat Bibi v. Sher Muhammad and others 1988 SCMR 1696 ref. (b) Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Civil Procedure Code (V of 1908), S.115---Declaration of title---Concurrent findings of fact by the Courts below---Suit-land was allotted by Settlement Authorities against a Claim Form---Plaintiffs in their plaint stated that disputed Claim Form was tiled by their predecessor-in-interest to whom suit-land was allotted and during the process of attestation of mutation of inheritance, the defendant, taking advantage of similarity of the name fraudulently obtained the disputed mutation in his name---Suit was decreed by Trial Court in favour of plaintiffs and was maintained by Appellate Court---Validity---Documents produced by plaintiffs, showed that the requisite Form was not filed by them but it was filed by defendant through his maternal uncle and it was on the basis of such Form that verification and allotment was ultimately made Plaintiffs, in their evidence not only failed to prove the assertions made in their plaint but had led contradictory evidence which had materially impaired their case---Both the Courts below failed to consider the contents of the plaint the true nature of controversy between the parties embedded in the issue and only by taking into consideration the report of local commission and by ignoring the documents filed by plaintiffs, had decided the issues collectively---Courts below also remained oblivious that in the report of local commission, which was the basis of their decisions, the commission had never opined that the disputed Claim Form was filed by predecessor-in-interest of plaintiffs, for the reason that there was no other Claim Form on the record, except the one filed by defendant---Judgments and decrees passed by two Courts below, even if…

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