Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Limitation Act (IX of 1908), Ss. 3, 4, 9 & 25---West Pakistan Land Revenue Act (XVII of 1967), S. 42---Suit for declaration---Gift---Donor, responsibility of---Plaint, rejection of---Scope---Plaint was rejected being barred by time---Validity---Donor was bound to appear before the Revenue Officer and be identified by two persons and affixed his signature on the register of mutations---Donor did not appear before Revenue Authority to get the gifted property transferred in the name of plaintiff---Neither any date nor time of having lost the gift deed had been mentioned in the plaint---Law of limitation did not envisage that the period of limitation would stop if the document giving a right to sue was misplaced till the same was re-discovered by the party concerned---Once time had begun to run no subsequent disability or inability to sue would stop it---Plaintiff could not bring his suit within time and court could not ignore the same under S.3 of Limitation Act, 1908---Plaintiff had failed to make a case of cause of action against the defendants---Suit being barred by time, both the courts below had rightly rejected the plaint---Revision was dismissed in circumstances. Shaad Muhammad Khan v. Government of N.-W.F.P. PLD 2011 Pesh. 172; Wali and others v. Akbar and others 1995 SCMR 284; Muhammad Sharif v. Inayatullah 1996 SCMR 145; Rahman v. Yara 2004 SCMR 1502; Tariq Mehmood v. Najam-uddin 1999 SCMR 2396; Mst. Zareefan v. Mst. Rehmati 1987 SCMR 66; Abdul Rashid Velmi v. Habib-ur-Rehman and 4 others 1995 MLD 397 and Hakim Khan v. Aurangzeb and another 1979 SCMR 625 ref. Shaad Muhammad Khan v. Government of N.-W.F.P. PLD 2011 Pesh. 172; Wali and others v. Akbar and others 1995 SCMR 284; Muhammad Sharif v. Inayatullah 1996 SCMR 145; Rahman v. Yara 2004 SCMR 1502; Tariq Mehmood v. Najam-uddin 1999 SCMR 2396 and Mst. Zareefan v. Mst. Rehmati 1987 SCMR 66 distinguished. Hakim Muhammad Buta and another v. Habib Ahmed and others PLD 198 SC 153 and Siraj Din and others v. Mst. Khurshid Begum and others 2007 SCMR 1792 rel. (b) Gift--- ----Mutation---Duty of donor---Donor…

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