| Citation(s) |
|---|
| 2013 SLG 2661 2013 SLD 2661 2013 YLR 1523 |
Peshawar High Court
Civil Revision No. 64-P of 2013, decided on 5th April, 2013
SHAH, JEHAN KHAN AKHUNDZADA, J
Abdur Rashid Pirzada for Petitioners
Civil Revision No. 64-P of 2013, decided on 5th April, 2013
SHAH, JEHAN KHAN AKHUNDZADA, J
Abdur Rashid Pirzada for Petitioners
MUSLIM GUL and 4 others
VS
MIR BADSHAH and 23 others
Law:
Section:
(a) Limitation Act (IX of 1908)--- ----Preamble---Nature and purpose of law of limitation---Law of limitation, could not be considered merely formality, but same was required to be observed; and taken into consideration being mandatory in nature---Purpose of law of limitation was to help the vigilant, and not the indolent---Helping hand could not be extended to a litigant having gone into deep slumber, on having become forgetful of his rights---Concerned person, had to be made aware of the invasion of his interests, and awareness had to be ascertained as a matter of fact. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Trial Court dis-missed the suit and Appellate Court below dismissed appeal filed by the plaintiff against of the Trial Court---Counsel for the plaintiff had failed to point out any illegality or material irregularity or jurisdictional error in concurrent findings of both courts below, who had neither exercised jurisdiction not vested in them, nor had failed to exercise jurisdiction so vested by law nor in exercise of its jurisdiction had acted illegally or with material irregularity---Well-founded concurrent s of courts below, could not be interfered with by High Court in exercise of its revisional jurisdiction---Revision petition being time- barred and having no substance, was dismissed, in circumstances. ORDER SHAH JEHAN KHAN AKHUND-ZADA, J.---Muslim Gul and others, petitioners/plaintiffs have impugned the concurrent findings of the two Courts below, whereby appeal filed by the petitioners against the judgment and decree dated 11-10-2010 of Civil Judge IX, Mardan was dismissed by the learned Additional District Judge-VII, Mardan vide judgment and decree dated 11-7-2012. 2. Brief facts of the case are that Muslim Gul and others petitioners/plaintiffs instituted a suit against respondents/ defendants for a declaration and possession to the effect that they are owners of the property in dispute measuring 35-kanal, 13-marla on the strength of Mutation No.2921 attested on 21-6-1924 comprising Khasra Nos.4249, 4250, 1378 and 1379 bearing Khata Nos. 760/2358 and 542/454 as per jamabandi for the year, 1995-1996 and the…
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