Citation Name: 2024 YLR 493 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. KHURSHEED BEGUM (deceased) vs ABDU

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Citation Name: 2024 YLR 493 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. KHURSHEED BEGUM (deceased) VS ABDUL WAHID NASIM Ss. 3 & 4---Limitation, extension of---Power of Judge---Scope---Judge cannot on equitable grounds enlarge time provided by law----Where question of law of limitation is not a mixed question of law and fact as well as the suit on the face of record is hit by limitation and when it becomes apparent to the Court, it becomes incumbent on Court, whether limitation is pleaded or not by litigant, to discharge its duty to reject the case. Citation Name: 2024 YLR 493 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. KHURSHEED BEGUM (deceased) VS ABDUL WAHID NASIM Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 100---Second appeal---Maintainability---Contradictory stance---Appellant/plaintiff claimed to be owner of suit property purchased in the name of her son as Benamidar, who sold the property to respondent/defendant---Both the Court below concurrently dismissed suit and appeal filed by appellant/ plaintiff---Validity---Stances in pleadings and evidence of suits filed by appellant/ plaintiff and respondent/defendant were in many-fold varying from stances in suit filed by son of appellant/plaintiff---In order to maintain possession over suit property appellant/plaintiff and her son were not reluctant even to mislead the Courts and they had remained successful in such design for 25 years---Miseries of execution were yet to start---Witnesses of appellant/plaintiff and her son were untruthful, who had been jumping from one stance to another and by giving implausible as well as self-contradictory statements, lost credibility and on the basis of such evidence any finding in their favour would be unsafe---Decisions of two Courts below, were not found against any law or usage having force of law or defective in any manner, which was essential to successfully maintain regular second appeal, under S. 100, C.P.C.---Not only was the conduct of son of appellant/plaintiff unconscionable, who maintained two different stances in two suits, disentitling him from equitable relief but at the same time his case was barred by limitation---High Court declined to interfere in judgments and decrees passed by two Courts below---Second appeal was dismissed accordingly.

Citation Name: 2024 YLR 493 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. KHURSHEED BEGUM (deceased) vs ABDUL WAHID NASIM Ss — 2024 YLR 493 LAHORE-HIGH-COURT-LAHORE

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