Law: Code of Criminal Procedure, 1898

Section: VII ,XLI

Law: Limitation Act, 1908

Section: 120

Law: Constitution of Pakistan, 1973

Section: 10-A

Summary

This Second Civil Appeal under Section 100 CPC challenges the dismissal of a suit filed by the appellant seeking declaration and permanent injunction over two immovable properties allegedly registered benami by the late father. The trial and appellate courts rejected the plaint under Order VII Rule 11 CPC on the ground that the suit was barred by limitation and failed to disclose a cause of action. The appellant contended that the plaint raised disputed factual and legal questions warranting a full trial and that his right to a fair trial under Article 10-A was violated. The respondents argued the suit was time-barred and the benami claim speculative and unsupported by evidence.

The court held that the suit, filed about three decades after the transactions and the father’s death, was barred by the six-year limitation period under Article 120 of the Limitation Act, 1908. The plaint did not allege any continuing wrong or new facts to revive the cause of action. The benami claim lacked sufficient particulars or documentary proof. The appellate court rightly dismissed the appeal summarily under Order XLI Rule 11 CPC. The appeal was dismissed, affirming the rejection of the plaint and upholding the limitation bar.

Core Points

The suit concerned declaration of benami ownership and permanent injunction over two plots registered in respondents’ names during minority.