SUBA vs Mst — 2022 MLD 929 LAHORE-HIGH-COURT-LAHORE

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SUBA VS Mst. HALIMA BIBI O.XXIII, R. 2---Limitation Act (IX of 1908), S. 14 & Art. 120---Inheritance---Withdrawal of suit with permission to file afresh---Limitation, commencement of---Suit for declaration and permanent injunction---Respondent/plaintiff being daughter of deceased instituted suit claiming her share from her father's legacy and cancellation of sale deed of petitioner/defendant and certain mutations executed in his favour---Suit was dismissed and during pendency of her appeal, respondent had withdrawn the suit on ground of formal defects by seeking permission to file fresh suit vide order dated 31/01/2001---Fresh suit was dismissed by Trial Court---Respondent's appeal was allowed by appellate Court---Petitioner contended that later suit was barred by time as earlier suit was instituted on 26/02/1992 when cause of action was allegedly accrued---Validity---Respondent in her plaint specifically mentioned that cause of action had arisen one and half months before institution of that suit---Present suit was instituted after a period of nine years from previous suit---Limitation for instituting suit for declaration was not provided in Limitation Act, 1908, hence the same would be 6 years under residuary Art.120 of Limitation Act, 1908---Court's permission to institute fresh suit after withdrawal of earlier suit would save the fresh suit from bar as to institution of fresh suit on same cause of action---Once limitation started on same cause of action, the same would not discontinue---Plaintiff was bound by the law of limitation in the manner as if the first suit had not been instituted---Period consumed in form of earlier suit was to be counted and the same was not to be excluded for purpose of S.14 of Limitation Act---Revision petition was allowed and respondent's suit stood dismissed.

SUBA vs Mst — 2022 MLD 929 LAHORE-HIGH-COURT-LAHORE

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