| Case ID |
383518a0-b7a5-4333-8ccf-1bb90d184fdc |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 82- |
| Decision Date |
Apr 19, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming the decision of the Peshawar High Court. The court held that the time for bringing the suit was calculated from the date of discovery of the alleged fraud, which was determined to be in 1969. The court found that the petitioner had not provided sufficient rebuttal evidence against the claims made by the respondent, who sought to declare the gift deed void on the grounds of fraud and undue influence. The evidence presented supported the respondent's assertion that he was not in full possession of his mental faculties at the time of the gift, further validating the High Court's decision to allow the suit. |
| Summary |
This case revolves around the interpretation of the Limitation Act, specifically Article 120, which pertains to the timing of when a right to sue accrues. The Supreme Court of Pakistan examined a petition concerning a gift deed executed in 1957, which the respondent sought to declare void, claiming it was obtained through fraud. The key issue was whether the suit was barred by time. The court concluded that the right to sue began when the respondent discovered the fraud in 1969, making the suit filed in 1970 timely. The judgment emphasized the importance of presenting evidence in rebuttal, as the petitioner failed to challenge the respondent's claims effectively. This ruling reaffirms the principles of fraud in legal proceedings and highlights the necessity for parties to substantiate their claims with adequate evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Mian Muhammad Yunas Shah, Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record
|
| Petitioners |
FATAH UDDIN
|
| Respondents |
ANOTHER,
ZARSHAD
|
| Citations |
1973 SLD 93,
1973 SCMR 248
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
120
|