Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 42

Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Specific Relief Act (I of 1877), S. 42---Constitution of Pakistan, Art. 199---Constitutional petition---Plaintiffs filed suit for declaration on basis of inheritance from their mother who was daughter of predecessor, challenging gift mutations executed by the predecessor in favour of his son---Defendants filed application under O.VII, R.11, C.P.C. on ground of limitation, which was dismissed by Trial Court but the same was accepted by revisional court and plaint was rejected---Contention raised by plaintiffs was that only statement made in plaint should have been taken into consideration instead of partition proceedings or other facts not forming part of plaint, and that limitation was mixed question of law and facts, as starting point of limitation was date of knowledge---Validity---Plaint alone had to be taken into consideration for order under O.VII, R.11, C.P.C.---Plaintiff had challenged gift mutations after more than sixty years and had claimed inheritance from deceased mother who had not challenged the mutations by her father in favour of her brother in her life time---Plaint was barred by law of limitation calling for its rejection under O.VII, R.11, C.P.C.---Impugned order of appellate court did not suffer from illegality or irregularity to call any interference---Constitutional petition was dismissed in circumstance. JUDGMENT QALANDAR ALI KHAN, JUSTICE...........Through the instant writ petition, the petitioners have impugned order of learned Additional District Judge-III, Nowshera dated 15-6-2009, whereby, on acceptance of the revision petition, plaint in the suit of the petitioners was rejected under Order VII, Rule 11, C.P.C. 2. The facts, essential for disposal of this writ petition, are that the petitioners had lodged a suit for declaration on the basis of inheritance from their deceased mother, Saira Begum, daughter of their predecessor, Abdullah Jan, and had challenged gift mutation attested by the said Abdullah Jan in favour of his son Hafizullah in the year 1946 and further transfer of the land measuring 57 Kanal 5 Marlas, situated in Banda Sheikh Ismail, through subsequent mutations on…

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