Law:

Section:

(a) Limitation Act (IX of 1908)--- ----S. 20(2) & Art. 148---Transfer of Property Act (IV of 1882), S.60---Suit for redemption of mortgage---Limitation---Prescription---Receiving usufruct from the mortgage property---Effect---Suit for redemption of mortgage was dismissed on the ground of limitation---Validity---Right of plaintiffs-mortgagors to redeem suit property after expiry of 60 years would not extinguish unless court of law had passed decree in favour of defendants-mortgagees---Suit for redemption of mortgage could be decreed after expiry of prescribed period of limitation as provided in Art. 148 of Limitation Act, 1908---Receipt of usufruct would give a fresh period of limitation to the mortgagor---Suit filed by the plaintiffs-mortgagors was within time---Impugned s and decrees passed by both the courts below were set aside---Suit filed by the plaintiffs was decreed preliminary---Plaintiffs should deposit mortgage money within specified period in the Trial Court---Revision was allowed accordingly. Maqbool Ahmad v. Govt. of Pakistan 1991 SCMR 2063; Ahmad Khan and others v. Abdur Rehman and others 2009 SCMR 191; Bilawar Khan v. Amir Sabar Khan and others PLD 2013 Pesh. 38 and Muhammad Zahir and 3 others v. Amir Saleh and 4 others 2014 MLD 212 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---High Court could exercise revisional jurisdiction to do justice even if no revision was preferred by any party when any illegality or irregularity came in its notice. (c) Administration of justice--- ----No one could be penalized for any innocent omission. JUDGMENT IKRAMULLAH KHAN, J.--- Petitioners have called in question the judgments and decrees of learned Civil Judge, Lakki Marwat dated 16.04.2011 and that of Learned. District Judge, Lakki Marwat, dated 10.09.2011, whereby suit of petitioners/plaintiffs was concurrently dismissed. 2. Brief facts leading to filing of instant petition are that petitioners/plaintiffs alongwith pro-forma respondents/defendants are owners/mortgagors of the suit land whereas real respondents/defendants are mortgages of the said land. On 29.6.2009 the petitioners/plaintiffs filed…

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