Law:

Section:

(a) Constitution of Pakistan (1973) ---.----Arts. 203-D & 264---.---General Clauses Act (X of 1897), S.6---.---Expression "ceased to have effect" where a law has been declared repugnant to Injunctions of Islam mentioned in Art.203-D of the Constitution--¬Expression not synonymous to repealing enactment of a statute---.---Expression cannot be held synonymous with repeal as is envisioned by Art.264 of the Constitution and S.6 of the General Clauses Aqt, 1897; in the former eventuality even pending cases cannot be dealt with in accordance with the law which has been held repugnant to the Injunctions of "ilam and ceases to have effect after the date mentioned 'in the decision while in the later eventuality a proceeding pending in a Court or any such right, privilege, obligation or liability, acquired, accrued or.incurred under any enactment so repealed are fully protected unless a different intention appears from repealing enactment. (b) Limitation Act (IX of 1908)---.------.----S. 28---.---Transfer of Property Act (IV of 1882), S.60---.---Redeeming of mortgage---.---Provisions of S.28- of the Limitation Act, 1908, declared repugnant to Injunctions of lslam---.----Suit not decreed before 31-8-1991, the cut-off date as given by Supreme Court in the case titled Maqbool Ahmad v. Government of Pakistan reported as 1991 SCMR 2063---.---Validity---.---If a suit instituted there under was decreed for the target date it .was considered a transaction past and closed but if not then, the suit could not have been decreed thereafter---.---Suit, in the present case, was instituted on 22-7-1985 but it never culminated in a decree of the Court and by the time when it matured for being decreed, S.28 of the Limitation Act, 1908, did no more adorn the Statute of Limitation---.---Suit could not have been decreed in circumstances. Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063 ref. (c) Transfer of Property Act,,(IV of 1882)---.------.----S. 55(d)-;.-Limitation Act (IX of 1908), S.20---.---Punjab Alienation of Land Act (XIII of 1900), Ss.6(1) & 7(1)(3)(4)(5)---.---Usufructuary mortgage, redeeming of---.---Plaintiff asserted that he was mortgagee of the suit property…

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