61/2005 Civil Revision Saindad through his attorney Dodo Phulpoto. (Applicant) V/S Walidad Mangrio and others. (Respondent)

61/2005 Civil Revision Saindad through his attorney Dodo Phulpoto. (Applicant) V/S Walidad Mangrio and others. (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 29-OCT-18

, it challenged the orders passed under hierarchy of Revenue Law, and the last ultimate order is of Member Board of Revenue, which was passed on 26.06.2000. If that date is to be taken as a last date whereby the cause was triggered to the plaintiff / respondent, the first suit apparently was within time prescribed under the law. Though the subject suit was withdrawn, the latter suit was filed on the same day i.e. 08.04.2004 with the permission of the trial Court. Apparently, there appears to be no question involve as to whether respondent / plaintiff challenging the ultimate order of the revenue authority i.e. Member Board of Revenue is barred by time. However, if it was barred under any other law as being not maintainable, an issue could be framed by trial Court. In view of the above, I deem it appropriate to direct the trial Court to frame the issue of limitation as a preliminary issue as being mixed question of law and facts, and record evidence in the matter along with other issues and this issue of limitation shall remain open to be decided by the trial Court without being influenced by any of the observations of the appellate Court or this Court