Well settled principle of law that fraud vitiates even the most solemn transaction,

15. Lastly, I would address the question of limitation which was the subject matter of issue No.7. It is well settled principle of law that fraud vitiates even the most solemn transaction, as such any transaction based on fraud would be void and notwithstanding the bar of limitation the matter can be considered on merit so as not to allow fraud to perpetuate. In this regard reference may be made to the case of Mst. Raj Bibi and others v Province of Punjab through District Collector, Okara and 5 others (2001 SCMR 1591). In another recent judgment handed down by the Hon’ble Supreme Court of Pakistan in the case of “Peer Bakhsh through LRs and others v. Mst. Khanzadi and others” (2016 SCMR 1417) it has been held that limitation does not run against the void transaction nor efflux of time extinguishes the right of inheritance. In view of above settled principles of law, the objection of defendant No.1 qua limitation is repelled. 

Part of Judgment

 THE LAHORE HIGH COURT LAHORE 

Civil Revision

1777836.955-15

2018 LHC 701