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MUMTAZ AHMED CHISHTI versus MIR FAZAL-UR-REHMAN


Section 8 and 42 of the Civil Procedure Code (v. 1908), O. VII, R11 of the Limitation Act (IX of 1908), Art. 120 and 127. The plaintiff and the defendants who are the legal heirs of the deceased owner of the suit property have the right to receive their legal shares in accordance with the law of the Shariat from the suit property, a defendant, by practicing fraud On the basis of the same power, executed a false and fake power of attorney, and on the basis of this power, the entire suit property belonging to the plaintiff, the plaintiff, was transferred to their name. Due to the affidavit, a case was filed against the defendants, but the same case was dismissed by the trial court under O VII, R 11, CPC. The same was filed 11 years after the execution of a fraudulent Power of Attorney, and the defendant, who settled overseas, was banned, the defendants were repeatedly deceived when the defendant returned. When found out about the fraud, he filed a lawsuit, such as 12 years for filing a case on section 127 of the Limitation Act, 1908, regarding a dispute over the enforcement of the parties' right to inherit. Supply was applicable, not Article 2020. The Limitation Act, which granted the plaintiff a 6-year suit, was within time, however, without prejudice to the final decision on the limitation matter, which can be proved after considering this. That the parties can lead to controversial decisions and decrees. , Was set aside and will be remanded in the trial court to settle the case in accordance with the law.

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