TAJ WALI KHAN vs HUKAM KHAN Ss — 2025 SCMR 231 SUPREME-COURT

Case information

Citation: 2025 SCMR 231 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: TAJ WALI KHAN vs HUKAM KHAN Ss
Subject matter: Civil
Provisions referred to: Limitation Act (IX of 1908)

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

TAJ WALI KHAN VS HUKAM KHAN Ss.31 & 32---Limitation Act (IX of 1908), Ss. 18 & 29---Suit for pre-emption---Plea of fraud---Limitation---Pleadings---Proof---Suit filed by appellant/pre-emptor was decreed in his favour by Trial Court and Lower Appellate Court but High Court in exercise of revisional jurisdiction dismissed the suit on the ground of limitation---Validity---Mere assertion in pleadings was not beneficial at all unless established through evidence in the light of pleadings---Fraud had to be pleaded from the beginning with full particulars of fraud and then should be established through evidence---Supreme Court declined to interfere in judgment and decree passed by High Court as the suit filed by appellant/pre-emptor was barred by limitation---Appeal was dismissed.

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