Law: Constitution of Pakistan 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: 10, 4, 33, 151

Law: Limitation Act, 1908

Section: 18, 120

Law: Specific Relief Act, 1877

Section: 42

Case Summary The High Court allowed the Civil Revision, set aside the appellate court's judgment, and restored the trial court's decree dismissing the suit. The Court held that the suit challenging a 1994 mutation and subsequent 1995 sale mutations, filed after nearly 25 years, was hopelessly barred by limitation. It further held that the plaintiffs' voluntary withdrawal of the suit against the subsequent vendees, who were necessary parties, was fatal to the suit. Tagline A declaratory suit challenging decades-old revenue mutations is not maintainable where it is hopelessly time-barred and necessary subsequent purchasers are deliberately omitted from the proceedings. ORDER; SYED AHSAN RAZA KAZMI, J. Through this Civil Revision, the petitioners have challenged the judgment and decree dated 09.02.2024 passed by learned Appellate Court. Briefly stating the facts of the case are that respondents instituted a suit for declaration against the petitioners before the learned Trial Court averring therein that property mentioned in the headnote of the plaint was owned by their predecessor-in-interest who died and they being legal heirs are owners of the suit property and respondents have no concern with the same, but the predecessor-in-interest of respondents No.1 to 3 in connivance with revenue officials got attested mutation No.336 dated 19.07.1994 in his favour through fraud and misrepresentation and the same as well as the mutations attested thereafter in favour of subsequent vendees on its basis are inoperative upon the rights of the petitioners. The suit was contested by the petitioners by filing their contesting written statement and the learned Trial Court after framing of issues invited the parties to adduce their respective evidence which they produced and after appreciating the same the learned Trial Court dismissed the suit of the respondents through judgment and decree dated 06.09.2023. The respondents preferred an appeal whereas the petitioners filed cross objections before the learned Appellate Court who accepted the appeal of the respondents and dismissed the cross objections of the petitioners vide judgment and decree dated 09.02.2024.…