No limitation would run in the matter of inheritance having recurring cause of action. Party having its right in the inherited property can claim the same at any time. Any transaction found to be result of misrepresentation cannot be protected on the sole score of limitation as it does not apply in the case of inheritance as barrier of limitation is no more a hurdle in the enforcement of rights of inheritance unless a party is shown to be guilty of gross negligence and abandonment of his / her rights. Entries in the revenue record afford fresh cause of action to the plaintiff and adverse entries if allowed to remain unchallenged do not extinguish right of a party against whom such entry had been made.
Civil Revision No.1095-D of 2010
Allah Ditta Versus Ali Shah (deceased) through Legal Heirs & others.
2024 CLC 106
No limitation would run in the matter of inheritance having recurring cause of action. Party having its right in the inherited property can claim the same at any time. Any transaction found to be result of misrepresentation cannot be protected on the sole score of limitation as it does not apply in the case of inheritance as barrier of limitation is no more a hurdle in the enforcement of rights of inheritance unless a party is shown to be guilty of gross negligence and abandonment of his / her rights. Entries in the revenue record afford fresh cause of action to the plaintiff and adverse entries if allowed to remain unchallenged do not extinguish right of a party against whom such entry had been made.
Civil Revision No.1095-D of 2010
Allah Ditta Versus Ali Shah (deceased) through Legal Heirs & others.
2024 CLC 106
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