Law: Code of Criminal Procedure (CrPC), 1898

Section: VII Rule 11,115,VI, Rule 4

Law: Limitation Act, 1908

Section: 18,3,120

Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 199

Law: Qanun-e-Shahadat Order, 1984

Section: 100

ORDER

Through this Constitutional Petition, the petitioner has called into question the Order and Decree dated 24.12.2018 (the “Impugned Decree”) passed by learned Addl. District Judge, Shahkot, District Nankana Sahib (“Revisional Court”).

2.  Brief facts leading to the filing of this petition are that the Petitioner/Plaintiff along-with Mst. Ishrat Bibi (respondent No.16 in this petition) filed a suit for declaration and Permanent Injunction (the “Suit”) challenging the registered gift deed bearing Document No. 6231 dated 03.09.1981 (“Impugned Gift Deed”) executed in favour of respondent Nos. 7 to 10 by Elahi Bakhsh (“Original Owner”) (maternal grand-father of the Petitioner/Plaintiff) in respect of two parcels of land1, measuring 34- Kanals, 9-Marlas & 6-Kanals, 14- Marlas, situated in Nizampura Chak No. 38/R.B Deva Singhwala Tehsil Shahkot District Nankana-Sahib (the “Suit Property”). Plaint avers that the Original Owner was an old age bed ridden person who The Suit Property is more fully described in the Plaint and its description/measurement is not in issue. remained ill for a long time before his death and had lost normal prudence due to protracted illness. It was asserted by the Plaintiffs that respondent Nos. 7 to 10, in connivance with the revenue staff, got registered the Impugned Gift Deed in their favour by depriving Mst. Safia Bibi (real sister of the respondent Nos. 7 to 10) of her due legal share. Needless to add that mutation No. 957 dated 24.01.1982 was also sanctioned on the basis of Impugned Gift Deed. It was contended that above-mentioned respondent Nos. 7 to 10 further sold out the land to Respondent Nos. 1 to 6 through registered Sale Deeds bearing Document No. 2545 dated 18.03.1984 and Document No. 2544 dated 18.03.1984 (“Registered Sale Deeds”). Mutations bearing Nos. 1441 dated 24.09.1988 and 1442 dated 24.09.1984 respectively were also sanctioned on the basis of Registered Sale Deeds. As per the averments of the plaint, the Petitioner contacted the beneficial owners/respondents for his inheritance but in vain. Contesting Defendants filed written statement and supported the Impugned Gift Deed, as well as, Registered Sale Deeds executed and registered thereafter. During the proceedings of the Suit, contesting defendants also filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“C.P.C”) which was disposed of by learned Civil Judge Class-I, Shahkot (“Trial Court”) vide order dated 08.07.2017 (“Trial Court Order”), erroneously treating the Suit inter-se the co- owners, completely ignoring the 3rd party rights and questions of waiver, acquiescence and limitation. Being aggrieved of the Trial Court Order, the contesting respondents preferred a Civil Revision Petition in terms of Section 115 of the C.P.C, which was allowed vide the Impugned Decree, consequently the plaint was rejected under Order VII Rule 11 of the C.P.C being barred by limitation. Hence this Constitutional Petition.