Law:

Section:

Limitation Act (IX of 1908)-------Art. 91---Constitution of Pakistan (1973), Art. 185(3)---Fraud---Limitation starts from date of knowledge---Alienation of property alleged to be a fraudulent transaction---Setting aside of---Limitation---Plaintiffs' plea in suit was that the alleged alienation of property by their predecessor-in-interest in favour of defendants, was fraudulent as said predecessor-in-interest had never alienated the property and that fraud had been committed---Plaintiffs' suit was decreed which was upheld by all the Courts including High Court---Leave to appeal--­Defendants' contention was that as per averment in specified para of plaint, cause of action having arisen in 1965, suit filed in 1976 was time-barred---Held; preceding para has to be read along with the specified para and thus combined effect of both the paras made out a good case and explanation by plaintiffs' side viz; that they having been kept in dark on account of fraud, which was established to have been committed, they could not file suit within the period of limitation--­Time against plaintiffs would thus start running from the date of knowledge and that being so, suit was not time-barred---Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the defendant side in a suit for declaration; against the dismissal by the High Court, of their Civil Revision. They have lost throughout. The plaintiffs' plea was that the so-called alienation by their predecessor­-in-interest one Gama Khan deceased which was the basis of the petitioners' right to the suit land (through intermediary predecessor-in-interest) was fraudulent as the said Gama Khan had never alienated it and that fraud had been committed in this case. After denial of the main allegations from the…

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