Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---Limitation---Relinquishment agreement---Contention of plaintiffs was that defendant had relinquished her share in the legacy of her father---Suit was dismissed concurrently---Validity---Plaintiffs had filed present suit after seventeen years from the execution of alleged agreement---Plaintiffs were not vigilant in asserting their rights by filing the suit---Nothing was on record that plaintiffs had performed any overt act to keep the relinquishment agreement alive---Alleged agreement had expired and same had no legal binding effect---Although there was no time frame for the compliance of alleged agreement but same was to be done within the reasonable time which otherwise had been provided as three years---Limitation would start from the date of refusal but in absence of any refusal too it would become the duty of beneficiary to make efforts to safeguard his rights---If no such efforts were made then after the lapse of three years, beneficiary of such agreement would be barred by the law of limitation to file suit---No date of refusal in the present case had been mentioned in the plaint to calculate the limitation---Limitation would not start from the refusal as beneficiary of agreement was bound to assert his right in the Court within the scope of limitation even there was no refusal on the part of other party---No illegality, mis-reading or non-reading of evidence had been pointed out in the impugned s passed by the Courts below---Revision was dismissed in limine. Ainuddin and others v. Abdullah and another 2019 SCMR 880 and Mst. Kubra Amjad v. Mst. Yasmeen Tariq and others PLD 2019 SC 677 rel. (b) Administration of justice--- ----Law favours the vigilant, not the indolent. THIS JUDGMENT DELIVERED BY: AHMAD ALI, J:---.--- Through the instant Civil Revision petitioners have called in question the vires of judgment/decree dated 26.06.2019 of the learned Additional District Judge-I Mardan whereby their appeal filed against judgment/decree dated 07.10.2016 of the learned trial court, was dismissed with cost of Rs.50,000/-. 2. Brief facts for the disposal of this revision petition are that…

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