Law:

Section:

(a) Specific Relief Act (I of 1877)------S. 42---Limitation Act (IX of 1908), S.28---Suit for declaration---Failure to redeem mortgaged land within sixty years---Plaintiff filed suit on the basis of prescriptive right---Trial Court decreed the suit as the defendants failed to redeem the mortgaged property within the period of sixty years---Appellate Court reversed the findings of the Trial Court and dismissed the suit--­Validity---Basis of the right of the plaintiff was S.28 of Limitation Act, 1908, and long before the institution of the suit by the plaintiff said S.28 was no more a part of the statute, as the same ceased to exist after 31-8-1991--­Judgment and decree of the Appellate Court called for no interference in circumstances. Maqbool Ahmad v. Hakumat-e-Pakistan 1991 SCMR 2063 and Abdur Rehman v. Muhammad Akram 1999 SCMR 100 ref. (b) Civil Procedure Code (V of 1908)-- ----Ss. 115 & 151---Consolidation of suits---No such plea was raised either during trial or during pendency of appeal before Appellate Court---Effect -Such plea could not be considered in revision for the reason that the case had not only been decided by the Trial Court but also by the appellate forum--- Question of consolidation of two cases at the stage of revision proceedings did not arise. JUDGMENT Through the instant revision petition, the petitioner Zoredast, has assailed the correctness and legality of the judgment and decree, dated 10-9-1998 passed by the learned Additional District Judge, Lakki on Civil Appeal No. 82/13 of 1996 and has prayed that the judgment and decree, dated 8-9-1996 of the learned Civil Judge, Lakki be restored. 2. The short background of , the instant case is that the present petitioner filed a civil suit seeking a declaration to the effect that he and the pro forma defendant No.2 had become owner of the suit land on the basis of prescriptive rights, as the contesting defendant had failed to redeem the suit' land within a period of sixty years. The suit land was mortgaged by way of three Mutation No.1022 attested on 15-12-1915, Mutation No.1116 attested on 30-5-1917 and Mutation No. 1028 attested on 15-12-1920. The period of sixty years regarding each…

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