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ABID SHERANI vs TAHIR SHERANI Ss — 2024 CLC 333 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 333 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
ABID SHERANI vs TAHIR SHERANI Ss
Subject matter
Criminal
Provisions referred to
S. 3---S; Limitation Act (IX of 1908); Limitation Act

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

ABID SHERANI VS TAHIR SHERANI Ss. 39 & 42---Limitation Act (IX of 1908), S. 3---Suit for declaration and cancellation of mutation entries---Limitation---Respondent/plaintiff challenging mutation entries of the years 1974 and 1978 through a suit filed in 2011, had to justify such delay---Plaintiff filed a declaratory suit seeking therein cancellation of gift mutation---In the present case, two aspects which constituted knowledge of petitioner were, first, the date of attestation of mutation in favour of petitioner on 13.05.1978, and second, the date of attestation of another mutation by petitioner in favour of respondent No.1 on 27.03.1990; whereas, the suit in hand was instituted before the Civil Court on 29.03.2011, and as such, the suit was badly and hopelessly time-barred---Thus, a stale claim under the law of limitation could not be enforced legally as the passage of time sets the law of limitation in operation and there could be no exception unless the relaxation was granted by the Limitation Act, 1908, by itself---Thus, both courts below had rightly non-suited the petitioner---Revision petition was dismissed, in circumstances.

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