Law:

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Specific Relief Act (I of 1877)--- ----S.42---Limitation Act (IX of 1908), S.19---Suit for declaration---Suit document alleged by plaintiff to have been procured by defendant by fraud and concealment of facts---Limitation---Plaintiff's plea was that he came to know about suit document four months before filing suit---Validity---Such plea could be resolved only after recording evidence, but not otherwise---Principles. JUDGMENT RAJA SAEED AKRAM KHAN, J.---This appeal, with the leave of the Court, has been filed to assail the correctness of the judgment and decree passed by the High Court on 15-3-2011, whereby the appeal filed by the appellants, herein, was dismissed. 2. The facts culminating into this appeal are that the plaintiffs-appellants, filed a declaratory suit on 6-7-1985 before the Court of Senior Civil Judge, Mipur, stating therein that they are owners of 1/2 of the share in the unpartitioned land measuring 56 kanals, 10 marlas, comprising Survey Nos. 1989, 2015, 2018, 2028, 2034, 2038, 2178, 2196, 2205, 2276, 2271, 2272, 2277, 2284, 2285, 2293, 2295, 2296, 2336, 2036, 2036 min, 2013, 2155, 2164, 2160, 2177, 2209, 2310, 2327 and 2166, Khata Nos.242 to 246, Khewat No.88, situate in village Bandral, Tehsil and District Mirpur. It was claimed that the judgment and decree passed by the Sub-Judge, Mirpur on 22-4-1970 in the case titled Imam Din v. Fazal Dad and others (Civil Suit No.80) was procured on a forged cognovit which was null, void and inoperative on the rights of the plaintiffs-appellants and pro forma respondents. It was further alleged that the gift-deed executed on 2-7-1972 Imam Din in favour of defendants Nos.1 to 4 was inoperative on the rights of the plaintiffs-appellants and pro forma respondents for being executed beyond the shares. It was claimed that exchange deed dated 12-12-1973, executed by defendant No.3 in favour of defendant No.9 pertaining to land measuring 1 kanal, 6 marlas comprising Survey No.2038 and sale-deed dated 3-4-1984 were also null and void and against the rights of the plaintiffs-appellants. The suit was contested by the defendants-respondents by filing written statement on 7-11-1985. The learned trial Court framed as…

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