Mst. KHAIR BIBI vs GHULAM SARWAR Ss — 2021 CLC 151 QUETTA-HIGH-COURT-BALOCHISTAN

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Mst. KHAIR BIBI VS GHULAM SARWAR Ss.3, 5 & 14 & art. 120---Specific Relief act (I of 1877), Ss.42, 39 & 54---Civil Procedure Code (V of 1908), Ss. 96, 114 & 115---Suit for declaration, cancellation of sale deed and permanent injunction---Limitation---appeal before wrong forum---Condonation of delay---Requirements---Contention of plaintiffs was that mutation and sale deed in favour of defendants were based on fraud and misrepresentation---Suit was dismissed being time barred against which appeal was filed before District Court which was returned for want of pecuniary jurisdiction---Plaintiffs moved review petition against the said order which was dismissed---Plaintiffs filed revision petition before High Court which was converted into appeal---Contention of plaintiffs was that limitation would run from the date of their knowledge---Validity---High Court observed that plaintiffs should have filed an appeal before High Court by availing benefit of S.14 of Limitation act, 1908, within ninety days or challenged the order of return of memo of appeal passed by the District Court---Where appeal had been filed with delay then appellant must explain the delay of each and every day---No application under Ss. 5 and 14 of Limitation act, 1908 for justifying the delay had been filed in the present case---Plaintiffs had consumed time in approaching the wrong forum---Plaintiffs had not submitted any explanation for choosing the wrong forum---If litigant had not acted in a bona fide manner or he had acted without due diligence in prosecuting remedies before wrong forum then he could not be benefited under S.14 of Limitation act, 1908---Plaintiffs had challenged the judgment and decree of Trial Court after a lapse of eleven months---Plaintiffs had filed the suit after lapse of more than forty years---Nothing was on record as to when impugned mutation and sale deed came in the knowledge of plaintiffs---Limitation for declaratory suit was six years and for cancellation of a deed was three years---No explanation had been offered by the plaintiffs to justify the delay in filing of the suit---Predecessor-in-interest of plaintiffs had not filed any suit against the impugned mutation and sale deed in his life time before any forum---Suit property was not mutated in favour of defendants through fraud rather it was with the consent and knowledge of plaintiffs---appeal was dismissed being time barred, in circumstances.

Mst. KHAIR BIBI vs GHULAM SARWAR Ss — 2021 CLC 151 QUETTA-HIGH-COURT-BALOCHISTAN

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