O. VII, R. 11—Limitation Act (IX of 1908), S. 18—Suit fordeclaration

2019 Y L R 1912

[Supreme Court (AJ&K)]

Present: Ch. Muhammad Ibrahim Zia, C J and Raja Saeed Akram Khan, J

SADIQ and 5 others—Appellants

Versus

Mst. ULFAT JAN (widow) and 38 others—

—-O. VII, R. 11—Limitation Act (IX of 1908), S. 18—Suit fordeclaration—Limitation—Plaint, rejection of—Factors to beconsidered—Main consideration for applying provisions of O. VII, R. 11 ofC.P.C. was to be the contents of the plaint—If plaint did not disclose anycause of action or it appeared from the averments that suit was barred by lawin that case plaint could be rejected—Provision of S. 18, Limitation Act,1908 was attracted when fraud had been alleged and it became a factualproposition—Averments made with regard to cause of action in the plaintrequired determination on the basis of some evidence—Trial Court, in thepresent case, had relied on some orders of Revenue Courts and statementsrecorded therein which were not relied upon in the plaint—Neither saiddocuments had been tendered in evidence nor had been made part of record accordingto law—Material which was part of the record of the case could only beconsidered according to law—Courts below had not properly appreciated thestatutory provisions in the present case—Impugned judgments passed by theCourts below were set aside—Plaint was returned to the Trial Court forconducting the proceedings and thereafter disposing of the suit according tolaw—Appeal was allowed in circumstances.

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