124/2014 Civil Revision Ali Muhammad & Anothers (Applicant) V/S Mst Saeeda & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-SEP-14
Specific Relief Act (I of 1877)--- ----Ss. 42 & 39---Limitation Act (IX of 1908), S. 18 & Art. 91---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for declaration and cancellation of agreement of sale deed---Plaint, rejection of---Scope---Trial Court rejected the plaint on the ground of limitation but Appellate Court remanded suit for decision on merits---Validity---Plaintiff had alleged fraud and misrepresentation in sale of her property---Sale of suit land was not made by the plaintiff as she was minor at the time of sale deed---Plaintiff had no means to know and understand the transaction of sale which was carried out by her father---Father of plaintiff was not authorized to sell the suit property and he was also a party to the fraud---Property of minor was sold without permission of court and sale was not lawfully made ---Plaintiff was not aware of sale and her suit for cancellation of sale deed was maintainable---Valuable property was involved and contention of plaintiff with regard to date of knowledge of fraudulent sale could not be excluded from the consideration by the court to dismiss the suit on the point of limitation---Appellate Court had rightly held that case of plaintiff was covered by Art. 91 of Limitation Act, 1908---Limitation for cancellation of instrument of sale would start from the knowledge of fraud---Order of Trial Court was rightly set aside by the Appellate Court---Revision was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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