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AKHTAR NASIR AHMED vs PROVINCE OF PUNJAB through District Collector Gujrat S — 2024 PLD 1268 SUPREME-COURT

Case information

Citation
2024 PLD 1268 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
PLD
Parties
AKHTAR NASIR AHMED vs PROVINCE OF PUNJAB through District Collector Gujrat S
Subject matter
Criminal
Provisions referred to
S. 42---I

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

AKHTAR NASIR AHMED VS PROVINCE OF PUNJAB through District Collector Gujrat S. 42---Inheritance mutation, challenging of---Limitation---Suit for declaration challenging the validity of an inheritance mutation---Perusal of the record demonstrated that mutation entries in respect of the land measuring 7/72 in favor of respondent (defendant) were sanctioned in 1982---However, the petitioner (plaintiff) instituted the suit for the first time in 2009 after a lapse of more than 27 years---No explanation whatsoever had been provided by the petitioner for the delay in filing the suit before the Trial Court---Law of limitation exists to prevent precisely this kind of neglect, ensuring that claims are brought forth when evidence is fresh and facts are clear---To allow the present claim after such an extraordinary delay would not only undermine the integrity of the legal system but would also set a dangerous precedent, suggesting that legal rights can be asserted at any time, regardless of the passage of decades---Furthermore, none of the other legal heirs had ever challenged the validity of the inheritance mutation in question in the name of respondent---Petitioner was unable to overcome the hurdle of limitation, and his suit was rightly dismissed by the Trial Court for being barred by time---Petition was dismissed and leave was refused.

Other judgments reported in 2024 PLD

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