Citation Name: 2024 YLR 793 LAHORE-HIGH-COURT-LAHOREBookmark this Case DOST MUHAMMAD KHAN vs FAREED MUHAMMAD K

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Citation Name: 2024 YLR 793 LAHORE-HIGH-COURT-LAHOREBookmark this Case DOST MUHAMMAD KHAN VS FAREED MUHAMMAD KHAN art. 113---Civil Procedure Code (V of 1908), O. VII, R. 11---Specific Relief act (I of 1877), S. 12--- Suit for specific performance--- Limitation--- Plaint, rejection of---Scope---Trial Court rejected the plaint for being time barred---appeal was also dismissed---Validity----Suit was filed after 17 years from the alleged accrual of cause of action---Question of limitation could be determined without evidence and framing of issues---Where the allegations in the plaint did not require any roving inquiry to give findings that the suit was barred by limitation and that the plaint on the face of it was based on facts not seriously in dispute was barred by time, then the plaint could be rejected under O. VII, R. 11, C.P.C.---Facts being undisputed in the instant case, the plaint was rightly rejected on the face of it; the suit was filed after 17 years from the alleged accrual of cause of action, though under art. 113 of the Limitation act, 1908, the suit could be instituted within three years---No exception could be taken to the orders passed by the courts below in circumstances---Revision petition being without merits was accordingly dismissed. Citation Name: 2024 YLR 793 LAHORE-HIGH-COURT-LAHOREBookmark this Case DOST MUHAMMAD KHAN VS FAREED MUHAMMAD KHAN art. 113---Specific Relief act (I of 1877), S. 12---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for specific performance---Limitation---Trial Court rejected the plaint for being time barred---appeal was also dismissed---Validity---Claim of petitioners in the present suit was based on an agreement of sale purportedly dated 08.07.1996 wherein specific performance was claimed and also annulment of mutation dated 24.01.2001 was solicited---First suit of the petitioners on the same subject and with the same cause of action was instituted on 29.03.2003 which was withdrawn on 25.02.2010 with permission to file a fresh suit---Second suit was instituted again on the same subject in the year 2010 which was withdrawn on 08.05.2014 with permission to file fresh suit, while the third suit out of which the instant petition arose was instituted on 29.05.2014 approximately after more than 17 years from the date of the agreement and 13 years from the date of mutation under challenge---On being confronted that art. 113 of Limitation act, 1908, provided for a period of three years to file a suit for specific performance from the date mentioned in the agreement or from the date when the performance was refused and that as per petitioners' own stance, the first suit was instituted on 29.03.2003 when the land had already been sold through mutation dated 24.01.2001 which was indicative of refusal to perform agreement, petitioners submitted that as a matter of fact in terms of oral understanding, the performance of the agreement was to be made after the termination of litigation in respect of the property which explanation did not sound convincing as the petitioners themselves annexed copy of civil revision and also its order-sheet inclusive of order dated 02.03.2005 from where it was evident that revision petition was dismissed on 02.03.2005---Even if the petitioners' stance was considered, yet the suit having been filed on 29.05.2014 after more than nine years, it could not save the petitioners from the repercussion of filing a time-barred suit---Pendency of any litigation otherwise could not be a legally tenable ground for non-filing of suit was unless the filing of suit was claimed to have been stayed by a specific injunctive order of the court which was not the case in the present case---Revision petition being without merits was accordingly dismissed.

Citation Name: 2024 YLR 793 LAHORE-HIGH-COURT-LAHOREBookmark this Case DOST MUHAMMAD KHAN vs FAREED MUHAMMAD KHAN art — 2024 YLR 793 LAHORE-HIGH-COURT-LAHORE

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