Law:

Section:

(a) Practice and procedure..- ----Plea of limitation, raising of---Plea of limitation being a legal plea could be raised by any party at any stage of the proceedings.--(Limitation]. (b) Limitation Act (IX of 1908)--- ----Art. 142---Suit for possession of immovable property wherefrom plaintiff had been dispossessed---Limitation---In earlier round of litigation plaintiff in her plaint had indicated that plaintiff as far back as the year 1959, had full knowledge of the fact that defendant had raised partition wall between the two portions of the plot in question, and had also constructed shops which were let out to tenants on rent---Plaintiff did not raise any objection in respect of the action taken by defendant till the year 1968, when she filed suit for declaration and injunction which was ultimately dismissed---Plaintiff was required to have filed suit for ejectment/possession against defendant in the year 1959, when she came to know about the illegal construction of residential portion, erection of partition wall and shops by defendant---Cause of action for filing suit for ejectment/possession having arisen in 1959, suit filed in 1979, was barred by time in terms of Art. 142, Limitation Act, 1908. (c) Civil Procedure Code (V of 1908)--- ----0.11, R. 2 & O. IX, R.9---Bar of suit---Relief of possession was available to plaintiff by the time she had filed earlier suit in 1968 but she had filed that suit for declaration and injunction---Earlier suit was dismissed for non-prosecution under O.IX, R.8, Civil Procedure Code, 1908---Subsequent suit for possession/ejectment could not be filed in 1979, for the relief of possession/ejectment was to have been sought in earlier suit filed in 1968-69--­Subsequent suit was thus; hit by the provision of 0.11, R.2, C.P.C.---Earlier suit having been dismissed under O.IX, R.8, C.P.C. subsequent suit was also barred by provision of O. IX, R. 9, C.P.C. Muhammad Khan and others v. Arshad Ismail and others 1987 MLD 671; Ghulam Nabi and others v. Seith Muhammad Yakoob and others PlLD 1983 SC 344; Muhammad Khalil Khan and others v. Mehbub Ali Mian and others PLD 1948 PC 131; AIR 1931 PC 229; PLD 1977 Kar. 772; Aziz Ahmed and…

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