Inheritance Claim Rejected After 27 Years: Supreme Court Applies Limitation Law – PLD 2024 SC 1268.
سپریم کورٹ کا وراثتی مقدمات میں قانونِ تحدیدِ مدت پر اہم فیصل
تعارف
کیس کی کہانی
عدالتی مشاہدات اور فیصلہ
قانونِ تحدیدِ مدت ایک تکنیکی قاعدہ نہیں بلکہ انصاف کا بنیادی ستون ہے۔
2. عدالت نے کہا کہ:
3. چونکہ مدعی:
اہم قانونی نکات
نتیجہ
Must read judgement
PLD 2024 SC 1268
Inheritance cases, filing of---Limitation ---Principles---It is not in all cases of inheritance that question of Limitation become irrelevant---There can be exceptional circumstances where in a suit based on inheritance issue of Limitation may become relevant---In some cases the Supreme Court has invoked the principle of time Limitation and acquiescence of the plaintiff in suits involving inheritance.
Law of Limitation ---Purpose and scope---Law of Limitation is founded on the principle of "Vigilantibus non dormientibus jura subveniunt," meaning "the law assists the vigilant, not those who sleep on their rights"---This principle forms a cornerstone of justice, reinforcing that the law favours those who act promptly and diligently---It emphasizes that individuals must be active in asserting their rights and those who fail to do so within a reasonable time should not expect the courts to intervene in their favor---Law of Limitation is not just a technical formality but a crucial component of a well-functioning legal system---It provides a framework that ensures legal matters are addressed promptly, preventing evidence from being lost, memories from fading, and facts from becoming distorted over time---Furthermore, it protects potential defendants from being subjected to claims long after they could reasonably expect such challenges, fostering certainty and finality in legal matters---By requiring claimants to act within a specific period, the law promotes diligence and responsibility in the pursuit of legal remedies---Those who neglect to assert their rights effectively forfeit their ability to challenge matters that could have been addressed much earlier.
Inheritance mutation, challenging of---Limitation ---Suit for declaration challenging the validity of an inheritance mutation---Perusal of the record demonstrated that mutation entries in respect of the land measuring 7/72 in favor of respondent (defendant) were sanctioned in 1982---However, the petitioner (plaintiff) instituted the suit for the first time in 2009 after a lapse of more than 27 years---No explanation whatsoever had been provided by the petitioner for the delay in filing the suit before the Trial Court---Law of Limitation exists to prevent precisely this kind of neglect, ensuring that claims are brought forth when evidence is fresh and facts are clear---To allow the present claim after such an extraordinary delay would not only undermine the integrity of the legal system but would also set a dangerous precedent, suggesting that legal rights can be asserted at any time, regardless of the passage of decades---Furthermore, none of the other legal heirs had ever challenged the validity of the inheritance mutation in question in the name of respondent---Petitioner was unable to overcome the hurdle of Limitation , and his suit was rightly dismissed by the Trial Court for being barred by time---

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ReplyDeleteSir same hamara case aesa he ha es par mashwera karna ha