Law:

Section:

(a) Specific Relief Act (I of 1877)---.--- ---.----Ss. 39 & 42---.---Limitation Act (IX of 1908), S.91---.---Suit for cancellation of registered gift deed and declaration of its mutation as null and void---.---Gift deed registered on 7-12-1993 and its mutation attested on 29-12-1993 in presence of donor---.---Filing of the suit by donor on 28-3-2003---.---Validity---.---Plaintiff could file such suit within three (3) years of execution of gift deed---.---Suit was dismissed for being time-barred. 2012 MLD 86; 2002 MLD 507; 1999 MLD 236; 1999 CLC 1755; 1999 CLC 130; 1992 CLC 1854; PLD 1985 SC 153 and 1998 SCR 204 ref. 1995 CLC 130; 2012 MLD 86 and 1992 CLC 1854 rel. (b) Civil Procedure Code (V of 1908)---.--- ---.----O. II, R.2---.---Second suit on same cause of action against same parties during pendency of first suit---.---Maintainability---.---Plaintiff could sue in one suit for all available reliefs---.---Splitting up a cause of action was not permissible---.---Second suit was dismissed for not being maintainable. 1999 MLD 236 and 2002 MLD 507 rel. THIS ORDER PASSED BY: MUNIR AHMED CHAUDHARY, JUSTICE:---.---- The supra titled appeals have been filed regarding the same disputed land and the controversy lies between the same parties. So, both the appeals are disposed of through a single judgment. 2. Brief facts giving rise to the above-mentioned appeals are that respondent Baroo son of Muhammad Wasil filed a suit for declaration against the appellant Muhammad Khursheed and others in the Court of Senior Civil Judge Kotli regarding the land measuring 1 Kanal bearing survey No. 642 situated at village Jamalpoor Aghar Tehsil and District Kotli. It was stated in the suit that a gift-deed was executed by the respondent/Baroo on 7-12-1993 but the respondents managed the entry of the present appellant Muhammad Khursheed as donee to the extent of the land measuring 1 Kanal fraudulently against the facts and law and malafidely. Thereafter, a subsequent gift-deed was executed by proforma respondent Sabar Hussain as an attorney in the name of proforma respondent Zaheer-ud-Din Sabar on 11-3-2003. The Mutation No. 582 was also entered and attested against the facts and…

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