Law: Limitation Act, 1908

Section: 120

(a) Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975)--- ----Ss. 2 & 3---Limitation Act (IX of 1908), Art.120---Suit for declaration--- Ownership of property declared by Consolidation Officer--- Inheritance--- Custom--- Scope--- Subsequent suit after withdrawal of earlier one---Limitation---Trial Court dismissed the suit holding that same was barred by time, bad for mis-joinder and non-joinder of necessary parties but Appellate Court decreed the same---Validity---Plaintiffs could not succeeded on the revenue side for their claim---Revenue officials as well as province of the Punjab having not been impleaded as defendants in the suit, order of consolidation officer could not be challenged without impleading Province of Punjab in the suit as party---Evidence of earlier suit which was with drawn as well as pleadings and and decree passed could not be used in subsequent suit unless produced in evidence and proved in accordance with law---Certified copies of said record had been produced without their formal proof---Certified copy could not be read in favour of plaintiffs of subsequent suit when earlier suit was withdrawn by the plaintiffs of said suit---Allotment of land was made in the year 1951 and first suit was filed on 14-10-1980---Suit for declaration of title could be filed within a period of six years---When plaintiffs of the present suit joined the proceedings of earlier suit then filing of subsequent suit on 04-09-2002 was barred by time---Persons who were unable to challenge alienation of suit land for variety of reasons and legal objections including the one that suit was barred by limitation were given opportunity to file fresh suit within a period of one year---Present suit was barred by time---Suit even in the matter of inheritance must be filed within prescribed period of limitation---Question of limitation could not be considered a technicality in the matter of inheritance---Neither Provincial Government nor its officials had been impleaded as defendants in the present case---Act done by the said officials in their official capacity could not be set aside when Province of the Punjab had not been…

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