Law: Limitation Act, 1908

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

(a) Limitation Act (IX of 1908)--- ----S. 3---Civil suit challenging validity of gift mutation---Limitation---Owner of property died in the year 1951 and his daughters transferred their inheritance share along with possession to their brother by a gift mutation dated 16-11-1971---Said gift mutation was challenged by legal heirs of the daughters by way of a civil suit forty (40) years after the gift mutation---Effect---Such suit on the face of record was barred by time and there was no need for recording evidence---Concerned revenue officer and patwari confirmed in court that brother and his legal heirs were enjoying possession of suit property since the year 1971---Revenue record showed that neither the daughters nor their legal heirs had received any share in the produce of the suit property---Petition for leave to appeal was converted into appeal and allowed, and suit challenging validity of gift mutation was dismissed as barred by time. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Object and purpose---Object of powers conferred upon Trial Court under O.VII, R.11, C.P.C. was that the courts must put an end to litigation at the very initial stage, when on account of some legal impediments full-fledged trial would be a futile exercise. JUDGMENT NASIR-UL-MULK, J. ---This petition for leave to appeal arises from the judgment of the Lahore High Court dated 26-6-2013 the subject matter of which is property that was owned by one Mandoo Khan who passed away in the year 1951. He left behind three daughters and a son. The daughters had by a gift through mutation dated 16-11-1971 transferred their share with possession to their brother Dhoop Khan. After the donors and the donee died the legal heirs of Mst. Salooki and Mst. Shakoori, the two daughters of Mandoo Khan, filed a suit on 15-5-2012 assailing the gift alleging fraud and misrepresentation. The -Petitioners-defendants, legal heirs of Dhoop Khan filed an application under Order VII, Rule 11, C.P.C. for the dismissal of the suit on the ground of limitation. The application was dismissed. Their revision also failed and so did their petition before the High Court. 2. Notices were…

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