' MUHAMMAD MOOSA K. LEGHARI, J.--- The judgment, dated 4-4-2006 passed by High Court of Sindh, Sukkur Bench, Sukkur, in constitutional jurisdiction has been assailed through these petitions for leave to appeal.
2. The plaint in the respective suits filed by the petitioner/plaintiff for specific performance of contract, sale cancellation and permanent injunction against the respective defendants/respondents was rejected under Order VII, rule 11, C.P.C. On the ground that it was barred by time. The revisions filed by the petitioner were dismissed. The constitutional petitions filed by him also met with the same fate.
3. Mr. Akhlaq Ahmed Siddiqui, learned Advocate-on-Record for the petitioners, contended that since the limitation was a mixed question of law and fact, the trial Court, was required to frame an issue and allow the parties to lead evidence according to the settled principles of law. He referred to the case of Abdul Hamid and another v. Dilawar Hussain alias Bhalli and others 2007 SCM R 945 in support of his contentions.
4. We have considered the submissions and examined the respective plaints as well as judgments and orders passed by the Courts below. On perusal of paragraph 18 of the plaint it appears that the petitioner in the plaint averred that the cause of action accrued to the plaintiff in the month of January, 2000 when the petitioners approached the defendants, to sale the suit property after issuance of T.O. Form. The plaint in the suits were admittedly filed on 5-1-2004. Evidently the suit was filed beyond the period of limitation prescribed under Article 113 of the Limitation Act. It must be stated that the fact of limitation is evident from the averments made in the plaint itself. In such circumstances, the trial Court was not required to frame issue and record evidence. The argument advanced by learned counsel for the petitioners is absolutely misconceived and not tenable. There is no infirmity or illegality in the judgment delivered by the High Court. It warrants no interference.
Accordingly the petition is dismissed and leave refused.