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

Section: 55,56,92,119

Law: Limitation Act, 1908

Section: 3

Law: General Clauses Act, 1897

Section: 24A

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 55, 56, 92, 119---Limitation Act (IX of 1908), S. 3---Suit for inheritance---Relevancy of of other courts/Plaintiffs challenged two mutations of year 1908 to be consequence of fraud committed by the processor-in-interest of the petitioners/defendants against the predecessor-in-interest of the respondents---Trial Court dismissed the suit---Appellate Court allowed appeal---Validity---Held, that no reasons had been recorded by the appellate court to explain as to why entries in the record made back in 1904-05 were to be altered---Trial Court seemed to have been swayed by order of other Court for alteration of entries in mutation record of another village also sanctioned in 1908 involving the predecessors-in-interest of the same parties---To conflict with revenue record would bear the onus to rebut the presumption of correctness attached thereto through convincing evidence---Standard of proof required to establish fraud would not become less stringent merely because the alleged fraud transpired a long time back and onus could not be discharged due to non-availability of evidence and efflux of time---No evidence existed to uphold the declaration of rights---Revision petition was allowed and suit was declared as time-barred. Nawab Khan v. Said Karim Khan 1997 SMCR 1840 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 55 56---Judgment/findings of another Court---Relevancy---Trial court could not use the /findings of another court that did not fall within the scope of S.55 of the Qanun-e-Shahadat, 1984 as a substitute for its own findings of fact backed by the evidence adduced before it---Court acting under the influence of a rendered by another court in relation to a claim of the respondents property in another village was a breach of S.56 of Qanun-e-Shahadat, 1984. Mistri Muhammad Din v. Rawalpindi Improvement Trust, Rawalpindi 1976 SCMR 283 and Muhammad Sohail v. Government of N.W.F.-P. 1996 SCMR 218 rel. (c) Limitation Act (IX of 1908)--- ----S.3---Suit for inheritance---Fraud, allegation of---Limitation period---Applicability---No principle of general application was laid out in the jurisprudence pursuant to which…

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