MAI MITHAN vs BANDA-E-ALI O — 2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 722 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: MAI MITHAN vs BANDA-E-ALI O
Subject matter: Civil

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

MAI MITHAN VS BANDA-E-ALI O.VII, R.11---Rejection of plaint---Mutation, knowledge of---Not challenged in life time---Suit barred by time---Scope---Petitioner's suit for declaration, cancellation of revenue entries and permanent injunction was contested by respondents/defendants by filing written statement---Respondents' application for rejection of plaint had been dismissed by Qazi---Majlis-e-Shoora accepted revision petition filed by respondents and rejected the plaint---Petitioners contended that issue of limitation was a mixed question of law and facts which could be decided on the basis of evidence---Validity---Averments contained in plaint were presumed to be correct---Petitioner had challenged the mutation entries after 48 years---Plaint showed that predecessor of the petitioners was well aware about impugned mutation entries but they did not challenge said mutation in their life time---Suit appeared form statement in plaint was barred by limitation---Constitutional petition was dismissed accordingly. Head NotesCase Description

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