Law: Specific Relief Act, 1877

Section: 42,39,54

Law: Limitation Act, 1908

Section: 120

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 39, 54---Limitation Act (IX of 1908), Art. 120---Suit for declaration, cancellation and permanent injunction---Limitation---Scope---Plaintiffs filed suit for declaration, cancellation of mutation entries and permanent injunction against the defendants in respect of suit property---Trial Court and Appellate Court concurrently dismissed the suit---Validity---Transfer mutation had been conducted in the year 1948---No evidence was produced by the plaintiffs to prove that the transfer mutation was prepared behind their back---Mere bald assertion could not be a ground to discard the document---Admittedly, the transfer mutation was in the knowledge of the predecessor of the plaintiffs---Plaintiffs had remained silent for approximately sixty years without any reason and justification---Burden of proof was on the plaintiffs to prove that their case was within limitation---Question of limitation could not be lightly ignored---Period provided for filing declaratory suit was six years---Judgments and decrees passed by the courts below were upheld---Revision petition was dismissed. Muhammad Haroons case 2001 CLC 810 and Salamat Ali v. Khair-Ud-Din, 2007 YLR 2453 rel. (b) Limitation Act (IX of 1908)--- ----S. 3---Dismissal of suits, etc., instituted, etc., after period of limitation---Scope---Once limitation starts running, it cannot be stopped by any subsequent act. Abdul Ghanis case 1998 CLC 2070 rel. (c) Limitation Act (IX of 1908)--- ----S. 3---Dismissal of suits, instituted, after period of limitation---Scope---Court has to decide the point of limitation whether raised by the parties or not. Abdul Ghanis case 1998 CLC 2070 and Dilmir v. Ghulam Muhammad PLD 2002 SC 403 rel. (d) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Limitation---Scope---Where suit is barred by law it should be barred from inception---Time barred suit cannot be allowed to proceed further. Abdul Ghanis case 1998 CLC 2070 rel. JUDGMENT ABDUL HAMEED BALOCH, J.---By means of this judgment I intend to dispose of above titled revision petition whereby the petitioners/plaintiffs challenged judgments and decrees dated 29th…

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