Law: Limitation Act (IX of 1908)

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: O.VII, R.11

Law: Contract Act (IX of 1872)

Section: 11

(a) Limitation Act (IX of 1908)-------S. 3---Civil Procedure Code (V of 1908), O.VII, R.11---Limitation---Suit was hopelessly barred by time but plea of limitation was not taken by defendant---Effect---Non-pleading of limitation was of no consequence as under`' S.3, Limitation Act, 1908, Trial Court was bound to reject x suit barred by time.(b) Muhammadan Law-------Minor---Alienation of minor's property---Contract by father on behalf of minor child---Duly appointed guardian or father being a natural guardian, may enter into a contract on behalf of his son or daughter, provided that such agreement is for the obvious benefit of the minor---Price obtained by father for the property belonging to minor should be manifestly to the advantage of the minor--- Sale of property entered into by father on behalf of his minor child to his obvious benefit, is a valid sale.Barkat Ali v. Aftab Ahmed 1997 CLC 1490 rel.(c) Contract Act (IX of 1872)-------S. 11---Contract on behalf of minor---Sale entered into by a natural or duly appointed guardian for the benefit of minor was a valid sale but was voidable at the instance of the ward upon his/her attaining majority---Proposition of law relating to voidability of sale .at the instance of minor attaining majority presupposes a conscious independent and bona fide assertion of his right----When however, there was a collusive attempt by natural guardian and the minor to deprive a bona fide purchaser of the property then minor may have a claim for damages against the father---Where the sale/alienation was made by a natural or duly appointed guardian for legal necessity related to the minor, such a sale would not be voidable and would be unassailable on the grounds of incapacity of minor to enter the contract.Buland Khan v. Muhammad Rafiq and 6 others PLD 1979 Lah. 237 rel.(d) Contract Act (IX of 1872)-------S. 11---Sale was entered into by father of minor of three years of age---Suit was filed by minor after nine years through his elder brother wherein sale was challenged- ---Trial Court decreed the suit---Validity---Written statement filed h% father showed that there were some ulterior motives behind filing of suit Families of both…