Law: Limitation Act, 1877

Section: 120

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

Section: 114

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Limitation Act (IX of 1908)--- ----Art. 120---Qanun-e-Shahadat (10 of 1984), Art. 114---Civil Procedure Code (V of 1908), S. 11---Suit for declaration---Limitation---Gift deed---Res judicata, principle of---Applicability---Contention of plaintiff was that impugned gift deed was based on fraud---Trial Court dismissed the suit on the ground of limitation but Appellate Court decreed the same---Validity---Limitation for filing a declaratory suit was six years---Impugned gift deed had been executed on 21-01-1978 whereas suit had been filed on 18.09.1989---Suit of plaintiff was time barred, in circumstances---Earlier, daughter of plaintiff filed a suit on the same cause of action which had been dismissed---Plaintiff in the said suit while submitting written statement had admitted the execution and genuineness of impugned gift deed---Plaintiff could not resile from his earlier statement and principles of estoppel and res judicata were applicable, in circumstances---Owner of a property during his life time could dispose of the same---Impugned and decree passed by the Appellate Court suffered from legal and factual infirmity which could not sustain and same were set aside---Judgment and decree passed by the Trial Court were restored---Revision was allowed, in circumstances. (b) 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. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- The revision petition bearing No. 42 of 2018, filed by the petitioner namely Muhammad Hussain arises from the judgment/decree dated 7-7-2018 passed by the learned District Judge Skardu, whereby the learned 1st Appellate Court has partially accepted the civil first appeal of the present respondent No. 1/plaintiff and has set aside the judgment/decree dated 30-4-2016, passed by the learned trial court. 2. The brief facts forming the back-ground of the instant civil revision petition are that the present respondent No. 1/plaintiff filed a declaratory suit against the present petitioner/defendant in the trial court claiming that he was owner of the disputed property…

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