Law: Civil Procedure Code (V of 1908)

Section: 27,115

Law: Limitation Act, 1908

Section: 120

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R. 27---Additional evidence, production of---Principle---Permission to bring additional evidence cannot be accorded just to fill in lacunas left by a party in its evidence. Muhammad Yusuf Khan Khattak v. S. M. Ayub and 2 others PLD 1973 SC 160; Muhammad Yousaf v. Mst. Maqsooda Anjum and others 2004 SCMR 1049; Muhammad Siddique v. Muhammad Sharif and others 2005 SCMR 1231 and Rana Abdul Aleem Khan v. Idara National Industrial Co-operative Finance Corporation Defunct through Chairman Punjab Cooperative Board for Liquidation, Lahore and another 2016 SCMR 2067 rel. (b) Benami transaction--- ----Scope---Suit regarding Benami dispute is not the one wherein genuineness or veracity of document is involved---Execution of instrument in such cases, is an admitted fact and seeker intends just rectification of document so as to eliminate/exclude name of Benamidar. Rasool Bukhsh and another v. Muhammad Ramzan 2007 SCMR 85; Khan Muhammad v. Khursheed 2010 CLC 970; Muhammad Siddique (deceased) through LRs and others v. Mst. Noor Bibi (deceased) through LRs and others 2020 SCMR 483 and Muhammad Sajjad v. Muhamamd Anwar 1991 SCMR 703 rel. (c) Limitation Act (IX of 1908)--- ----Art. 120---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Limitation--- Benami transaction--- Concurrent findings of facts by two Courts below---Respondent-plaintiff claimed to be owner of suit property while petitioner-defendant was shown just Benamidar in year 1964 at the time when property was purchased---Trial Court and Lower Appellate Court concurrently decreed suit and appeal in favour of respondent-plaintiff---Plea raised by respondent-plaintiff was that concurrent findings of Courts below could not be disturbed by High Court while exercising revisional jurisdiction provided under S.115, C.P.C.---Validity---Suit was instituted after more than forty years of attestation of sale deed---Maximum period of six years had been provided under Art. 120 of Limitation Act, 1908, to seek a right---Since inception of litigation it was stance of petitioner-plaintiff that he engineered subject sale deed---When it had been known to…

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