Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 120

(a) Specific Relief Act (I of 1877)--- ---S. 42---Limitation Act (IX of 1908), Art. 120---Suit for declaration---Limitation---Mutation, attestation of---Scope---Declaratory decree---Scope---Contention of plaintiff was that impugned mutation was result of collusion of defendants---Suit was dismissed by the Trial Court but Appellate Court decreed the same---Validity---Neither original mutation had been challenged nor transferees of the land had been impleaded as defendants in the present suit---Suit had been filed with a delay of more than twenty years which was barred by time---Limitation for filing a suit for declaration was six years from the date when right to sue accrued---Declaratory decree could declare pre-existing rights but could not the new one---Present suit was not competent---Trial Court had rightly dismissed the same---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Suit was dismissed with costs throughout---Revision was allowed in circumstances. National Bank of Pakistan v. Emirates Bank International Ltd. and others 2004 CLD 1490; Messrs Chanar Sugar Mills Ltd. and others v. Collector (Sales Tax) and others 2006 SCMR 901 and Saddar Hussain through L.Rs. and others v. Dost Muhammad 2007 CLC 1349 distinguished. (b) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Declaratory decree could declare pre-existing rights but could not create a new right. (c) Specific Relief Act (I of 1877)-- ----S. 42---Limitation Act (IX of 1908), Art. 120---Suit for declaration---Limitation---Limitation for filing a suit for declaration was six years from the date when right to sue accrued. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.--- Through this civil revision, the petitioners, who are defendants Nos.3 to 6 in a suit for declaration filed by the plaintiff / respondent No.1, have challenged the judgment and decree dated 22.11.2012, passed by the learned first appellate court/Additional District Judge, Mankera, whereby the appeal filed by respondent No.1/plaintiff was accepted and the judgment and decree dated 30.09.2011, passed by the learned Civil Judge Ist Class, Mankera,…

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