| Citation(s) |
|---|
| 2013 SLG 2898 2013 SLD 2898 2013 YLR 2581 |
Sindh High Court
Revision Application No. 57 of 2009, decided on 14th June, 2013. dates of hearing: 7th and 24th May, 2013
IRFAN SAADAT KHAN, J
Muhammad Yaseen Azad for Applicants. Naveed Ahmed for
Respondent No. 1. Abdul Mateen Khan for
Respondents Nos. 2 to 14
Revision Application No. 57 of 2009, decided on 14th June, 2013. dates of hearing: 7th and 24th May, 2013
IRFAN SAADAT KHAN, J
Muhammad Yaseen Azad for Applicants. Naveed Ahmed for
Respondent No. 1. Abdul Mateen Khan for
Respondents Nos. 2 to 14
Mst. YASMIN BEGUM and 4 others
VS
FAZALUR-REHMAN and 13 others
Law:
Section:
(a) Specific Relief Act (I of 1877)--- ----S. 39---Limitation Act (IX of 1908), Art.91---Suit for cancellation of gift deed--Limitation---Suit property was mutated in year 1982 on basis of gift deed and PT-I Form was issued in defendant's name---Plaintiff filed suit in year 2006---Maintainability---Record showed that defendant applied for letter of administration on 25-1-2005, which was issued to him on 29-4-2005---Plaintiff made application for revocation of such letter on 4-10-2006---Plaintiff had filed suit after 24 years without explaining such delay---Suit for being time-barred was dismissed in circumstances. Bahadur Khan v. Mst.Naimat Khatoon and others 1987 SCMR 1492; Allah Buksh v. Mst.Bakht Bhari and others 1990 CLC (Lahore) 2027; Mst.Salama Begum v. Ulfat Rasool and others 1992 CLC 582; Manzoor Hussain v. Raja Shah and others 1992 CLC (Punjab) 602; Ghulam Muhammad v. Mian Muhammad and others 2007 SCMR 231; Wali Khan v. Waheed Ghani 2013 MLD (Peshawar) 360; Idrees v. Muhammad Parvez 2010 SCMR 05; Registrar, High Court of Balochistan v. Abdul Majeed and others PLD 2013 Bal. 26; Mst.Shumal Begum v. Gulzari Begum and others 1994 SCMR 818; Kshitish Chandra Bose v. Commissioner of Ranchi 1982 PSC 641; Attaullah and 6 others v. Sanaullah and 5 others PLD 2009 Karachi 38; Feroz Hussain and 2 others v. Executive Engineer, Mitharao Division, Mirpurkhas and 4 others 2009 CLC 529; Syed Khadim Ali Shah v. S.M. Zia and 2 others PLD 1981 Kar. 604; Aysha Woolen Mills v. Messrs Industrial Exports 2009 YLR 786; Syed Ghulam Nabi and others v. Officer on Special Duty Federal Land Commission and others 1982 CLC 1472; Yaqoob v. Mst. Zammarud Bano 1986 MLD 1398; Mahmood Khan v. Muhammad Hasan and 7 others 1991 SCMR 1566; Jevan and others v. Federation of Pakistan and others 1994 SCMR 826; Nazar Gul v. Islam and others 1998 SCMR 1223 and Dr. Shabbir Ahmed and 4 others v. Abdul Haleem and others 2000 SCMR 1287 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 23---Remand of case by Appellate Court---Scope---Appellate Court, if thought fit, could pass necessary order of remand---Remand would not be warranted in case of a matter disposable by Appellate Court itself.…
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