Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--Petition for leave to appeal--Limitation--Petitioner when minor was gifted land by his father who subsequently sold land in favour of other respondents--Petitioners suit for declaring sale illegal and void dismissed by Courts belows on ground of limitation--Petitioner having knowledge of sale of land after having attained majority but not filing suit till long after expiry of period of limitation from such knowledge--Leave to appeal refused. Mirza Hafeez-ur-Rehman, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 9-3-1982 of the Lahore High Court; whereby petitioners Civil Revision Petition arising out of a land suit, was dismissed. The petitioner had instituted a suit in 1979 with the assertion that the land in disputed having been gifted by his father (respondent No. l) to him in 1952 the same was subsequently in 1957 sold by registered sale-deed in favour of the other respondents, therefore, this sale was illegal and void. It was further asserted in the plaint that the petitioner was a minor in 1952, he attained maturity in 1966 when his mother was divorced and he was threatened that he would be deprived of his property. This probably led to the dispute between the parties, however, even then the petitioner did not file. the suit till 1979. The respondents took up the plea before the trial Court that the suit was badly time-barred and that the plaint was liable to be rejected for non-payment of proper court-fee. Both the pleas were upheld by the learned trial Court. In First Appeal, however, the learned District Court reversed the finding of the learned trial Court on the question of Court-fee, but upheld that the suit was time-barred and accordingly also maintained the rejection of the plaint for that reason under Order VII, rule 11, C.P.C. The petitioner then moved a Civil Revision in the High Court which having been dismissed he has…

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