| Case ID |
2afcbf12-3c6c-4f96-bdfd-7a8ae59f9690 |
| Body |
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| Case Number |
Civil Petition No.1582 of 2013 |
| Decision Date |
Nov 21, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal in this case, which arose from a civil suit challenging the validity of a gift mutation. The suit was filed by the legal heirs of the daughters of Mandoo Khan, who had died in 1951. The daughters transferred their inheritance to their brother through a gift mutation in 1971. The court found that the suit was barred by limitation as it was filed 40 years after the gift mutation. The court emphasized that there was no need for evidence as the possession of the property had been with the brother and his legal heirs since 1971. The application for dismissal of the suit due to limitation was granted, and the suit was dismissed accordingly. |
| Summary |
In the case of Noor Din and others vs. Additional District Judge, Lahore, the Supreme Court of Pakistan addressed a civil petition regarding the validity of a gift mutation made in 1971. The petitioners, legal heirs of Mandoo Khan's daughters, challenged the gift mutation, claiming fraud and misrepresentation. However, the court ruled that the challenge was made 40 years too late, as the gift mutation had been accepted and the property enjoyed by the donee's heirs since then. The court reaffirmed the importance of adhering to limitation periods in civil suits, emphasizing that litigation should not proceed when legal impediments render a trial futile. This judgment highlights the critical role of the Limitation Act in protecting the rights of property owners and ensuring timely resolution of disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK,
GULZAR AHMED,
IQBAL HAMEED-UR-RAHMAN
|
| Lawyers |
Tariq Masood, Advocate Supreme Court for Petitioners,
Qamar-uz-Zaman Qureshi, Advocate Supreme Court for Respondents
|
| Petitioners |
NOOR DIN and anothers
|
| Respondents |
ADDITIONAL DISTRICT JUDGE, LAHORE and others
|
| Citations |
2014 SLD 144,
2014 SCMR 513
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act, 1908,
Civil Procedure Code (V of 1908)
|
| Sections |
3,
O.VII,R.11
|