Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Specific Relief Act, 1877

Section: 42,54

Law: Limitation Act, 1908

Section: 142

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss. 42 54---Limitation Act (IX of 1908), Art. 142---Suit for declaration and permanent injunction---Limitation---Plaint, rejection of---Scope during pendency of suit filed application for rejection of plaint---Trial Court rejected the plaint holding that suit was time barred but Appellate Court remanded the matter for decision on merits---Validity---Plaintiff had sought declaration to the effect that he was entitled to get his Shari share from the legacy of his deceased father being his legal heir---Present suit being for declaration and possession of suit land, Art. 142 of Limitation Act, 1908 was applicable to the suit of plaintiff, which had prescribed a period of twelve years for filing of such suit---Trial Court had failed to consider nature of suit and had wrongly rejected the plaint---Appellate Court had rightly remanded the case while accepting appeal filed by the plaintiff---No illegality or mis-appreciation of law had been pointed out in the impugned order passed by the Appellate Court---Revision was dismissed, in circumstances. JUDGMENT ALI BAIG, JUSTICE:---.--- Through the instant civil revision petition filed under section 115, C.P.C., the petitioners/ defendants Nos.1 to 4 and 10 have assailed the impugned judgment/order dated 20-05-2019 passed by the learned District Judge Gilgit, whereby the learned 1st appellate Court has set aside the judgment/order dated 03-12-2018 passed by the learned Civil Judge 1st Class Danyore and case/suit of the plaintiff was remanded back to the learned trial court for decision on merits after recording evidence of the parties. 2. Brief facts leading to filing of the instant revision petition are that the present respondent/plaintiff instituted a suit for declaration, permanent injunction and for cancellation of iqrar nama/gift deed bearing registration No.124/2013 being fake, bogus and against the rights of plaintiff/respondent No. 1. 3. The present petitioners being defendants in the suit contested the suit by filing of their joint written statement in the trial court wherein they have raised legal objections inter alia that…

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