Law:

Section:

(a) Civil Procedure Code (V of 1908) 0. VII, R.11 Rejection of plaint Scope No cause of action ¬Connotation Scope For the purpose of determination whether plaint discloses a cause of action or not, Court has to presume that every allegation made in the plaint is true, therefore, power to reject the plaint under O. VII, R.11, C.P.C. must be exercised only if the Court comes to the conclusion that even if all the allegations are proved the plaintiff would not be entitled to any relief whatsoever Rejection of plaint should be by a speaking order and not by a cryptic order. (b) Limitation Act (IX of 1908) Art. 142 Dispossession from immovable property Period of limitation, computation of Period of 12 years is to be computed from the date of dispossession or discontinuance of possession. 1995 SCMR 522 and Maqbool Ahmed v. Government of Pakistan 1991 SCMR 2063 ref. (c) Limitation Act (IX of 1908) S. 28 Adverse possession Validity Provision of S.28, Limitation Act, 1908 is repugnant to the Injunctions of Islam in so far as same has provided for extinguishments of right in property at determination of period prescribed for instituting a suit for possession' of property, on the basis of adverse possession. Maqbool Ahmed v. Government of Pakistan 1991 SCMR 2063 rel. (d) Specific Relief Act (I of 1877) S. 8 Civil Procedure Code (V of 1908), O. VII, R.1 f Limitation Act (IX of 1908), S.28 & Art 144 [as amended by Limitation (Amendment) Act (11 of 1995)] Suit for possession of immovable property Plea of adverse possession raised by defendant Trial Court decreed the suit but Lower Appellate Court allowed the appeal and dismissed the suit Validity ¬Provision of S.28 and Art.144, Limitation Act, 1908, having since been omitted by Limitation (Amendment) Act, 1995, Lower Appellate Court was not justified by observing that the suit was barred by time Judgment and decree passed by Lower Appellate Court were set aside and case was remanded. THIS JUDGMENT DELIVERED BY: FATAL UR REHMAN, JUSTICE:---.--- The judgments of the Courts below are at variance. The learned Civil Judge II, Quetta decreed the suit for declaration, possession and perpetual injunction and directed the…

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