Law:

Section:

Limitation Act (IX of 1908)--- ----S.3---Question of limitation---Waiver of---Scope---Limitation for being matter of statute and provisions thereof being mandatory could not be waived, and even if waived could be raised by a party having waived the same and by the court itself---Matter of limitation was not required to be left to pleadings of parties, rather court was bound to raise such question---Waiver of limitation would not be permissible in case where its period was prescribed by special or local law. Muhammad Mukhtar and others v. Muhammad Sharif and others 2007 SCMR 1867 ref. Hakim Muhammad Buta and another v. Habib Ahmed and others PLD 1985 SC 153 rel. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.---Learned counsel for petitioner submitted that the appellate Court committed material irregularity in remanding the case, as the remand of the case was not the prayer of either of the parties. Moreover; the scheme of law is also not in favour of remand of the matters, where sufficient material is available on record warranting decision of the case on merits. It was further maintained that the appellate Court was bound to have decided the matter on the basis of available material. As far as the question of limitation is concerned, though specific issue has not been framed, yet, both the parties were conscious of this aspect of the matter and, the appellate Court itself might have adverted to point of limitation. The learned counsel for the respondents opposed the contentions so put forth and submitted that the limitation is a mixed question of fact and law, since no issue was framed, therefore, the appellate Court rightly awarded an opportunity to both the parties to agitate the point pro and contra to warrant a legal decision on the point of limitation. 2. I have heard the learned counsel for the parties and gone through the record. Perusal of record reflects that the petitioner filed a civil suit for possession mandatory injunction, mesne profit and permanent injunction against the respondent Fida Hussain. It was the case of petitioner that pursuant to execution of sale deed dated 30th July, 1984, the petitioner sold his property bearing Municipal No. 7-20/1884,…

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