| Case ID |
f9f513d7-236f-4537-a8b6-3994032d8046 |
| Body |
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| Case Number |
Civil Revision No. 319 of 1991 |
| Decision Date |
Mar 31, 2015 |
| Hearing Date |
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| Decision |
In this case, the revision petition was dismissed due to the petitioners' failure to appear, as well as the determination that the suit was filed beyond the prescribed period of limitation. The court highlighted that the question of limitation cannot be treated as a mere technicality and that even in matters of inheritance, suits must be filed within the designated time frames. The concurrent findings of both lower courts were upheld, affirming that the petitioners were barred from proceeding with their case due to the untimely filing. |
| Summary |
This case revolves around a civil revision petition concerning the issue of property inheritance and the critical aspect of limitation periods in legal proceedings. The Lahore High Court addressed the dismissal of a suit filed by Riaz Hussain and others against Mst. Aisha Bibi regarding property rights stemming from the estate of Atta Muhammad Khan. The court emphasized the importance of adhering to limitation periods, arguing that the failure to file within the specified timeframe undermines the validity of the claim. This case underscores the legal principle that limitation in civil suits, particularly in inheritance matters, is not a technicality but a fundamental requirement. The ruling reinforces the necessity for timely legal action and the consequences of inaction, which can lead to dismissal of claims regardless of their merit. The case also presents a significant interpretation of property rights under the West Punjab Muslim Personal Law (Shariat) Application Act, demonstrating the intersection of inheritance laws and procedural timelines. Legal practitioners and individuals engaged in inheritance disputes should take heed of the implications of this ruling, as it serves as a cautionary tale about the strict nature of limitation laws in civil proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN, J
|
| Lawyers |
Malik Fayyaz-ul-Haq Arain,
Sahibzada Muhammad Saleem
|
| Petitioners |
others,
RIAZ HUSSAIN
|
| Respondents |
others,
Mst. AISHA BIBI
|
| Citations |
2015 SLD 2191,
2015 YLR 1903
|
| Other Citations |
Muhammad Islam v. Inspector General of Police, Islamabad and others 2011 SCMR 8,
Farman Ali v. Muhammad Ishaq and others PLD 2013 SC 392
|
| Laws Involved |
Not available
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| Sections |
Not available
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