Law: Specific Relief Act, 1877

Section: 39,42

Law: Qanun-e-Shahadat (10 of 1984)

Section: 90,91,92

Law: Civil Procedure Code (V of 1908)

Section: O.XII,R.6

(a) Specific Relief Act (I of 1877)-- ----S. 42---Limitation Act (IX of 1908), Art. 120---Suit for declaration---Limitation---Suit for declaration could be filed within six years. (b) Specific Relief Act (I of 1877)-- ----S. 39---Limitation Act (IX of 1908), Art. 91---Suit for cancellation of instrument--- Limitation--- Suit for cancellation of instrument could be filed within three years. Abdul Majeed Khan v. Tawseen Abdul Haleem 2012 CLD 6 and Sufi Muhammad Ishaque v. The Metropolitan Corporation Lahore through Mayor PLD 1996 SC 737 ref. (c) Civil Procedure Code (V of 1908)--- ---O.XII, R.6---Judgment on admission---Pleadings though do not themselves have evidentiary value, unless the Plaintiff and or Defendant, as the case may be, enter the witness box and lead the evidence in support or defence of their pleadings; but, an exception to such rule is, that pleadings or a Written Statement can be considered when there is an admission on the part of Defendant; because, depending upon the facts of each case, even on the basis of Written Statement a Judgment as envisaged under R. 6 of O. XII of C.P.C., can be pronounced. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.--- The present action at law has been filed by the Plaintiff against the Defendants, seeking the following relief:- "In the circumstances, as narrated hereinabove and in the interest of justice, equity and good conscience this Hon'ble Court may be pleased to pass Judgment and decree in favour of the Plaintiff and against the Defendants jointly and/or severally in the following terms. a. A declaration that the Plaintiff is the lawful, bona fide owner of the Suit property bearing Plot No.C-8, measuring 400 Sq. Yds., in K.E.S.C. Employees Cooperative Housing Society, Sector No.34-A, Shahra-e-Khizer, Deh Soophra, Karachi and that the Defendants have no right, title interest share in the same. b. To declare that the lease documents issued by the Defendant No.1 in favour of the Defendants Nos.7 to 10 in respect of Plot No.C-8, measuring 400 Sq. Yds. in K.E.S.C. Employees Co-operative Housing Society, Sector No.34-A, Sharhah-e-Khizer, Deh. Soophra, Karachi, is forged, fabricated and further…

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