Citation Name: 2025 CLC 1920 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. SHAHEEN QURESHI vs The MUKHTIARKA

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Citation Name: 2025 CLC 1920 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. SHAHEEN QURESHI VS The MUKHTIARKAR, TALUKA CITY HYDERABAD Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 115 & O. VII, R. 11---Limitation Act (IX of 1908), First Sched., Art. 120---Suit for declaration, correction of area, along with mandatory and permanent injunction---Limitation---Rejection of plaint---Scope---Suit was barred by time hence relief of correction of area was denied---Petitioners claimed ownership of suit property measuring 1885 sq.ft. but alleged that the official records wrongly recorded it as 315 square feet since 1973---Their applications for correction before the respondent authorities in 2021 were unsuccessful, leading them to file a civil suit, which was dismissed on account of an earlier similar suit which was also dismissed under O. VII R. 11, C.P.C.---Held: Petitioners themselves admitted that the allegedly incorrect area of the suit property was first recorded in the year 1973 and then again and again until 2011---However, the petitioners did not pursue any remedy whatsoever until the year 2021, for more or less ten years from the last entry in the record---Under Art. 120 of Limitation Act, 1908 the limitation period to institute a suit for declaration was six years which in the present case had elapsed long before the suit was instituted (even if the same was considered from the year 2011 when the last entry was made)---The contents of the plaint clearly showed that a suit was barred by time---There was no benefit in letting the suit proceed to trial---In the present case, for example, it was striking that (allegedly) the area of the suit property was reduced in the record from 1885 sq. ft. to 315 sq. ft. (by almost 80%) but none of the parties concerned came forward timely to seek relief---The suit of the petitioners was stillborn from its inception---It is settled law that stillborn suit must be buried immediately without a formal ceremony---Therefore, both Courts below were right in passing their respective decisions---Civil revision was dismissed, in circumstances.

Citation Name: 2025 CLC 1920 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. SHAHEEN QURESHI vs The MUKHTIARKAR, TALUKA CITY HYDERABAD Ss — 2025 CLC 1920 KARACHI-HIGH-COURT-SINDH

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