Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.23,S.115

Law: Limitation Act, 1908

Section: 120

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

Section: 117,120

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R.23 & S.115---Revision---Remand of case---Principle---Suit was filed in year, 1992 and revision petition was pending for the last more than a decades sought remand of case to Lower Appellate Court for decision afresh---Validity---High Court declined to remand the matter to Lower Appellate Court on the ground that it did not dilate upon entire evidence of parties, especially when thesame could be decided on the basis of material available on record. (b) Specific Relief Act (I of 1877)--- ----S.42---Limitation Act (IX of 1908), Art.120---Suit for declaration---Limitation---Judgment at variance---Plaintiffs assailed mutation in question on the plea that it was Benami transaction and their predecessor-in-interest was the real owner---Trial Court decreed the suit in favour of plaintiffs but Lower Appellate Court dismissed the same being barred by limitation---Validity---Mutation, subject matter of the suit, was attested in year, 1967 and predecessor-in-interest of plaintiffs could file suit challenging title of predecessor-in-interest of defendants within six years, whereas suit was instituted by plaintiffs on 18-9-1992, meaning thereby that the suit was filed after 35 years of attestation of mutation in question---Though in headnote of plaint, plaintiffs tried that they were only seeking correction of revenue record but in pithand substance they had challenged mutation in question on the ground of being a Benami transaction---Suit filed by plaintiffs was rightly held by Lower Appellate Court, as time barred, as the suit was filed beyond stipulated period of six years---High Court declined to differ with conclusion arrived at by Lower Appellate Court---Revision was dismissed in circumstances. Madan Gopal and 4 others v. Maran Bepari and 3 others PLD 1969 SC 617; Murad v. Syed Muhammad and 2 others 2012 YLR 2115; Town Committee, Jalalpur Pirwala through Chairman v. Malik Mehr Baskhsh and another 2007 YLR 82 and Abdul Karim v. Alam Sher and another 2003 YLR 487 distinguished. Mst. Sharifan Bibi and others v. Abdul Majeed Rauf and others PLD 2012 Lah. 141; Maj. General Dr. Asif Ali Khan v. Niaz Ali Khan and 2…

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