Law: Limitation Act, 1908

Section: 5

Law: Constitution of Pakistan, 1973

Section: 2-A

Law: Partition Act, 1893

Section: 4

(a) Limitation Act (IX of 1908)--- --------S. 5---Condonation of delay---Principles---Courts should not be reluctant in condoning delay depending upon merits of case under consideration and can exercise suo motu powers to enlarge time and condone delay. Hyderabad Development Authority through M.D. Civic Centre, Hyderabad v. Abdul Majeed and others PLD 2002 SC 84 and Board of Governors, Area Study Centre for Africa America, Quaid-e-Azam, University, Islamabad and another v. Ms. Farah Zahra PLD 2002 SC 153 rel. (b) Partition Act (IV of 1893)--- ---S. 4---Suit for partition/administration-Estoppel, doctrine of--¬Applicability---Examination of witness---Principle---Plaintiff, daughter 'of deceased from his earlier marriage claimed her share in suit property---Plaintiff placed her birth certificate and gift deed executed by predecessor of parties in her favour---Defendant had assailed birth certificate of plaintiff before relevant forum but later withdrew the same---Defendant was estopped to raise that plea again challenge to which had been withdrawn by him-Gift deed by predecessor of parties in favour of plaintiff had never been independently challenged even the witness producing the document was not cross-examined---Effect--- When a fact deposed during cross-examination had not been properly checked, it was deemed to be accepted---Mother of defendant was alive and was not produced at the time of recording evidence---Best evidence had been withheld by defendant---Suit of plaintiff stood decreed. (c) Islamic Law--- --------Parentage---Legitimacy---Principles---Islam leans in favor of legitimization and in case of doubt child follows status of father when affirmation of parentage is acknowledged by father. (d) Constitution of Pakistan--- --------Art. 2-A---Objectives Resolution---Mandate---Article 2-A of the Constitution of Pakistan provides' that Objectives Resolution will be a substantive part of Constitution---Social justice as enunciated by Islam is to be fully observed and Muslims are expected to be able to order their lives in individual and collective spheres with teachings and requirements of Islam as settled in Holy Quran and Sunnah. THIS JUDGMENT DELIVERED…

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