Section 8 Civil Procedure Code (v. 1908), O VII, R 11 The suit for the possession of the suit was upheld by the trial court and the appellate court, respectively, but in the second appeal the concurrent decisions and orders of the following two courts Based on the limitations and the limitation of the limitation case, the question was not raised earlier, the trial court and the appellate court had no opportunity to decide the suit. There is no doubt that OMVI, R 11 , May be excluded on the question of limitation under CPC. , But when the plaintiff took a special position that she did not know the transaction. And it acquired knowledge of a particular date, then a detailed inquiry into the facts would be required and the question of the fact of involvement in the case was not VII, R 11, CPC was not applicable, this case is not excluded under the provisions of law. Can be done The plaintiff, upon acquiring knowledge, obtained the copies and filed the case without delay, the plaintiff alleging that the action was first caused by false / fraudulent sale motions and mutations. And secondly, the defendant in his written statement did not deny the fact that the plaintiff was not aware of the sale proceedings, a question of limiting facts and a question of law, if the facts If the investigation was involved, the question of limitation could be resolved if it was raised in the claim by the parties and evidence was presented on it. The plaintiff did not deny the claim that the plaintiff had sued the plaintiff. The plaintiff refused, when it was filed in court. Defendant's appeal was not entered against the parties' requests
Related judgments — Supreme Court Azad Kashmir, 2013
