Law:

Section:

(a) Specific Relief Act (I of 1877)----S. 42---Civil Procedure Code (V of 1908), O. III, R.2---Qanun-e-Shahadat (10 of 1984), Art.46(2), (5)---Factum of relationship of plaintiffs as sons of deceased landowner---Statement of deceased incorporated in general power of attorney in favour of her eldest son (plaintiff)---Effect---Deceased owner of property in all cases filed by her or against her was represented by her son in dual capacity as her son and her attorney which status was never challenged or denied by defendants throughout those proceedings before Civil Courts and other quasi judicial Authorities---Denial of relationship of plaintiffs with deceased landowner was raised for the first time through counter-affidavit filed by defendant in 1987---Landowner by that time had expired, therefore, it was not possible for plaintiffs to produce her in rebuttal of plea raised by defendant---Evidence produced by plaintiffs on factum of relationship with deceased owner was consistent and convincing while defendants' evidence on that issue did not inspire confidence---Plaintiffs were, thus, successors-in­-interest/legal heirs of deceased owner and were competent to claim property in question owned by her through suit filed by them. (b) Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), S.14---Cooperative Societies Act (VII of 1925), Ss.64-A & 70-A---Terms "Civil proceeding" and "suit" ---Connotation--­Benefit of S.14, Limitation Act, 1908, when to accrue to plaintiff---Case of multiple causes of action---Commencing of limitation---Term "civil proceedings" in S.14, Limitation Act, 1908 was used in reference to period of limitation in filing suit---Use of words "civil proceeding" in S.14, Limitation Act, 1908, indicated that not only time consumed in prosecuting suits was entitled to be excluded but other proceedings of like nature which could be termed as "civil proceedings" would also come within purview of S.14, Limitation Act, 1908---To avail benefit of S.14, Limitation Act, 1908, plaintiff must show that he was diligently and with good faith prosecuting his case based on same cause of action, through some other legal proceedings in some…

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