MUHAMMAD ILYAS, J.- This regular second appeal has arisen out of a suit brought by the appellant, Mst. Sharifan Bibi, against the respondents, Abdur Rauf Khan and others. In the suit the appellant had challenged the validity of some documents. Plaint in the suit was rejected by the Senior Civil Judge, Kasur, on the ground that the suit was time-barred. He took into consideration the dates of the execution of the documents in question. The appellant went in appeal before the District Judge, Kasur, but without success. Hence this second appeal.
2. Learned counsel for the appellant states that since it was pleaded by the appellant that she came to know of the documents in question a month before the filing of the suit, the plaint could not be rejected on the ground of limitation. On the other hand, it was alleged by learned counsel for respondents Nos. 1 and 2, hereinafter referred to as the respondents, that the appellants' mother, who had executed the documents in dispute, had knowledge of the execution thereof and, therefore, the plaint was rightly rejected. In regard to the argument advanced by learned counsel for the respondents, it was submitted by learned counsel for the appellant that, according to the appellant, the appellant's mother was not present when the documents were allegedly executed and added that another lady was produced as the mother of the appellant. After making these submission, it was asserted by him that the appellant's mother was unaware of the documents before she had died.
3. In view of what has gone above, I believe that it was not a case in which the appellant could be straightaway non-suited on the ground of limitation by rejecting her plaint. The appellant's contention that she had no knowledge of the documents in question and that even her mother was not aware of them because another lady was produced in her place required investigation for which evidence Was required to be recorded. Valuable rights of the parties were involved in this case and it was not proper to rush through the whole affair. The learned Senior Civil Judge should have provided reasonable opportunity to the parties to substantiate their respective versions regarding the question of limitation before deciding this question. Be that as it may, I feel that in view of the facts and circumstances of this case, the plaint could not be rejected as was done by the learned Senior Civil Judge. I, therefore, accept this appeal, set aside the judgments and decrees passed by the two Courts below and remand the suit to the learned Senior Civil Judge for fresh decision.
4. Learned counsel for the parties feel that if the learned Senior Civil has to record evidence on the issue of limitation he may do so on all issues arising out of the suit. I, therefore, direct the learned Senior Civil Judge to strike all the issues, including the issue of limitation, record evidence on all the issues and then decide the whole suit in accordance with law. $. Parties shall appear before the learned Senior Civil Judge on 20th November, 1991. The learned Senior Civil Judge shall endeavour to redecide the suit within six months.