| Case ID |
1548381e-b2c7-4dfc-8725-2e4cca529a0f |
| Body |
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| Case Number |
Writ Petition No. 73 of 2016 |
| Decision Date |
Oct 29, 2018 |
| Hearing Date |
Oct 24, 2018 |
| Decision |
The writ petition was dismissed as the application for setting aside the decree was filed after a significant delay of over 38 years, which is beyond the three-year limitation period established by law. The petitioner had been properly represented in court and was aware of the proceedings against her. The courts below had adequately assessed the evidence and found no basis for claims of fraud or misrepresentation. The judgment affirmed the dismissal of the petitioner's application, confirming that the decree was not obtained through wrongful means. |
| Summary |
This case revolves around a long-standing dispute that initiated in 1972, leading to a series of court proceedings concerning a suit for declaration and possession of land. The petitioner, Mst. Zaib-Unnisa, challenged a decree passed against her, citing fraud and misrepresentation. However, the courts found that the petition was filed well beyond the three-year limit set by the Limitation Act. The judges emphasized that the petitioner had been aware of the court actions against her, as evidenced by her previous appearances and the involvement of her husband as her representative. The ruling underscored the importance of adhering to procedural timelines and the integrity of judicial processes, ultimately dismissing the writ petition. This case highlights critical aspects of civil procedure, the importance of timely legal actions, and the challenges of contesting decrees based on allegations of fraud. It serves as a reminder for all parties involved in legal disputes to remain vigilant and informed throughout the litigation process. |
| Court |
Not Specified
|
| Entities Involved |
Not available
|
| Judges |
Malik Haq Nawaz,
Ali Baig
|
| Lawyers |
Manzoor Ahmed,
Johar Ali
|
| Petitioners |
Mst. Zaib-Unnisa
|
| Respondents |
2 Others,
Mohammad Essa
|
| Citations |
2019 SLD 1335,
2019 YLR 1101
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877,
Limitation Act, 1908
|
| Sections |
12(2),
42,
181
|