PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

RASOOL KHAN vs FAZAL WADOOD O — 2021 PLD 8 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 8 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
RASOOL KHAN vs FAZAL WADOOD O
Subject matter
Civil
Provisions referred to
Limitation Act (IX of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RASOOL KHAN VS FAZAL WADOOD O. XXIII, Rr. 1 & 2---Limitation Act (IX of 1908), Art. 120---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for declaration---Withdrawal of---Fresh suit---Limitation---Commencement of---Estoppel, principle of---Applicability---Earlier suit filed on behalf of predecessor-in-interest of plaintiffs was dismissed as withdrawn---Suit filed on behalf of plaintiffs was dismissed concurrently---Validity---When earlier suit had been dismissed as withdrawn then present suit was to be considered in accordance with O. XXIII, R. 2 of C.P.C.---Limitation for the purpose of a fresh suit was to be considered from the knowledge as alleged in the earlier suit---Predecessor-in-interest of plaintiffs were aware with regard to impugned mutations---Plaintiffs were not party in the earlier suit but their predecessor-in-interest had filed the said suit---Present plaintiffs were estopped by their conduct to file the present suit, in circumstances---No one could transfer the better title of his own---Plaintiffs had failed to point out any mis-reading or non-reading of evidence in the impugned judgments and decrees passed by the Courts below---Revision was dismissed, in circumstances.

Other judgments reported in 2021 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English