Shaikh Khalid Safdar vs Ali Hassan Ss — 2026 MLD 813 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 MLD 813 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: MLD
Parties: Shaikh Khalid Safdar vs Ali Hassan Ss
Subject matter: Criminal
Provisions referred to: S. 3---I; Limitation Act (IX of 1908); Civil Procedure Code (V of 1908); Law Reforms Ordinance (XII of 1972); Limitation Act

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

Shaikh Khalid Safdar VS Ali Hassan Ss. 8, 42 & 54---Limitation Act (IX of 1908), First Sched., Art. 91---Civil Procedure Code (V of 1908), O. VII, R. 11---Law Reforms Ordinance (XII of 1972), S. 3---Intra Court Appeal---Rejecting of plaint---Suit barred by limitation---Appellants / plaintiffs filed suit for possession, declaration, partition and injunction regarding an ancestral house to the extent of their shares whereas respondents / defendants claimed to be owners having sale deed registered in their favour---Suit was rejected by Judge in Chambers of High Court on the ground that the suit was barred by limitation as the same was filed beyond period of three years from registration of sale deed---Validity---Matter pertained to entitlement of appellants / plaintiffs to have the instrument cancelled and it was not dependent upon knowledge of litigant about registration of the instrument---There was an agreement that was executed by three brothers as sons of deceased i.e. appellants / plaintiffs and respondent / defendant---Agreement was available on file and was signed by one appellant / plaintiff for self and on behalf of other two brothers---Defiance of such understanding could be a cause of triggering time under Art. 91 of Limitation Act, 1908 entitling appellants / plaintiffs to have the instrument cancelled---Division Bench of High Court set aside order passed by Judge in Chambers of High Court as such aspect of the matter was not at all considered while rejecting the plaint---Division Bench of High Court remanded the matter to Judge in Chambers of High Court for decision afresh on merits after framing of issues---Intra Court Appeal was allowed, in circumstances.

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