Suit for declaration—Limitation—Gift deed—Res judicata, principle of-

2020 M L D 1530 [Gilgit-Baltistan Chief Court]

(a) Limitation Act (IX of 1908)—
—-Art. 120—Qanun-e-Shahadat (10 of 1984), Art. 114—Civil Procedure Code (V of 1908), S. 11—Suit for declaration—Limitation—Gift deed—Res judicata,principle of—Applicability—Contention of plaintiff was that impugned gift deed was based on fraud—Trial Court dismissed the suit on the ground of limitation but Appellate Court decreed the same—Validity—Limitation for filing a declaratory suit was six years—Impugned gift deed had been executed on 21-01-1978 whereas suit had been filed on 18.09.1989—Suit of plaintiff was time barred, in circumstances—Earlier, daughter of plaintiff filed a suit on the same cause of action which had been dismissed—Plaintiff in the said suit while submitting written statement had admitted the execution and genuineness of impugned gift deed— Plaintiff could not resile from his earlier statement and principles of estoppel and res judicata were applicable, in circumstances—Owner of a property during his life time could dispose of the same—Impugned judgment and decree passed by the Appellate Court suffered from leg al and factual infirmity which could not sustain and same were set aside—Judgment and decree passed by the Trial Court were restored—Revision was allowed, in circumstances.

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