| Case ID |
32152c8b-8a83-47f3-9bd7-9e6b8b02c93c |
| Body |
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| Case Number |
Civil Petition No.2997-L of 2000 |
| Decision Date |
May 24, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' appeal against the Lahore High Court's decision, affirming that the suit for declaration was time-barred and lacked merit. The petitioners had challenged a mutation regarding land ownership, claiming it was collusive and without consideration. The court noted that the suit was filed 19 years after the mutation, exceeding the 12-year limitation period defined under the Limitation Act. The concurrent findings of the trial court and appellate court were upheld, emphasizing the absence of any evidence to prove the mutation was collusive or fictitious. The decision highlights the importance of adhering to statutory limitations in civil suits. |
| Summary |
This case revolves around the dismissal of a civil petition regarding a land mutation by the Supreme Court of Pakistan. The petitioners, Ghulam Haider and others, contested the legitimacy of a mutation dated June 28, 1953, which reflected a sale of property to Wali Muhammad and others. The core issue was whether the petitioners could challenge this mutation after a significant delay of 19 years, which was well beyond the 12-year limitation period set forth in the Limitation Act of 1908. The Supreme Court upheld the decisions of the lower courts, confirming that the suit was not only time-barred but also lacked substantive evidence to support claims of collusion. This case serves as a critical reference for understanding the implications of limitation periods in civil litigation, reinforcing the principle that legal challenges must be made within the prescribed timeframes to ensure justice and uphold the integrity of legal processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Falak Sher,
Tassaduq Hussain Jillani
|
| Lawyers |
Hussain Amin Khan Lodhi,
Mahmud-ul-Islam
|
| Petitioners |
others,
Ghulam Haider
|
| Respondents |
others,
Wali Muhammad
|
| Citations |
2008 SLD 1846,
2008 SCMR 1425
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
42,
142,
185(3)
|