Law: Civil Procedure Code (V of 1908)

Section: 115 , 3

Law: Limitation Act (IX of 1908)

Section:

  Civil Procedure Code (V of 1908)--- ---- S. 115 --- Revision --- Death of petitioner --- Effect --- Death of petitioner was no bar to decision of revision on merits. Co-sharer--- ---- Limitation Act`(IX of 1908), S.3 --- Co-sharer --- Limitation --- Plaintiff being a co-sharer in joint land, her suit in default of clear evidence of ouster, could not be found to suffer from bar of limitation. Limitation Act (IX of 1908)--- ---- S. 3 & Art. 144 --- Issue of limitation being closely linked with issue relating to adverse possession was required to be attended to and dealt with together by Appellate Court --- Appellate Court without touching other issues had disposed of appeal on issue of limitation alone --- Trial Court was not right in bifurcating issue of limitation from other material issues --- Appellate Court did not keep in view decided case-law touching question of limitation in such like circumstances-- Case was remanded to Appellate Court for deciding afresh in accordance with law and in the light of observations of High Court for remanding the same-- Petitioner having died during pendency of revision, her legal representatives were to be brought on record. Nemo for Petitioner. Malik Muhammad Ashraf for Respondents Nos.1 and 2. Nemo for Respondents Nos.3 and 4. Date of hearing: 7th May, 1991. JUDGMENT This is a plaintiff's revision application against the judgment and decree dated 13-1-1990 of learned Additional District Judge, passed in Civil Appeal No.118 of 1978   whereby judgment and decree of learned trial Court decreeing the plaintiffs suit was reversed on the ground that the suit was barred by limitation. Sher Muhammad was owner of some land, at Mauza Kufri in Tehsil Khushab. He died without leaving a male issue on 2-2-1957. He was survived by two daughters, namely, Mst. Satbharai, Mst. Basran and sister, namely, Mst. Mahmood Khatoon. By Mutation No.5125 attested on 14-6-1957, Revenue Officer mutated a half share in his land collectively to the two daughters and the remainder half, was allocated to the sister of the deceased. Later, by Mutation No.6305, sanctioned on 8-2-1973, land held by Mst. Satbharai was mutated in the name…