Law: Specific Relief Act, 1877

Section: 8,42

Law: Specific Relief Act, 1877

Section: 8,42

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Specific Relief Act (I of 1877)-------S. 8 & 42---Civil Procedure Code (V of 1908), O.VII, R.11---Limitation Act (IX of 1908), Arts.120 & 127---Suit for possession, declaration and rendition of accounts---Limitation---Dismissal of suit being barred by time---Rejection of plaint---Plaintiffs and defendants being legal heirs of deceased owner of suit properties were entitled to obtain their legal shares according to law of sharia from suit property---One of the defendants, by practising fraud executed a false and forged power of attorney and on basis of that power-of-attorney, whole suit property pertaining to the plaintiff was transferred to their names---Plaintiffs being legal heirs of deceased owner of suit property filed suit against the defendants, but same was dismissed by the Trial Court under O.VII, R.11, C.P.C. on the ground that same had been filed after 11 years of execution of said forged power-of-attorney, and was barred by limitation---Validity---Plaintiff who had settled abroad, was defrauded by the defendants time and again---After return from abroad when plaintiff came to know about the fraud, she filed suit---As dispute pertained to enforcement of a right of share from legacy of the parties, Art.127 of Limitation Act, 1908 providing 12 years for filing suit was applicable and not Art.120 of Limitation Act, which provided 6 years---Suit filed by the plaintiff, was within time which, however was without prejudice to the final decision of the issue of limitation, which could be decided after taking into consideration the evidence that parties could lead---Impugned and decree, were set aside and case was remanded to the Trial Court for disposal in accordance with law. Dr. Hasan Ara and 6 others v. Mian Tajammal Husain and 12 others 1982 CLC 653; Mst. Janntan and others v. Taggi through L.Rs. and others PLD 1998 SC 1512; Mst. Janntan. and others v. Taggi through L.Rs. others PLD 2006 SC 322; Muhammad Zubair and others v. Muhammad Sharif 2005 SCMR 1217; Mst. Sharifian Bibi v. Abdur Rauf Khan and others 1992 CLC 1480; Riffatullah Khan Lodhi v. Mukhtar Ali Khan Lodhi and 12 others 1992 CLC 1117; Zakria and others v. Amanullah and others 2008 CLC…

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