QASIM BEG Vs. MUHAMMAD ZIA BEG

JUDGEMENT

(1.) This appeal arises out of a suit in which the plaintiff sought a declaration that a bond, dated the 5th of October, 1904, and executed by him mortgaging certain property being without valid consideration is ineffectual, and that the defendants had no right under it. The court of first instance decreed the claim. The lower appellate court allowed the appeal and dismissed the suit.

(2.) The plaintiff s own case is that the bond in question was executed in favour of the defendant, who was a relation of his, for the purpose of defeating actual or possible creditors. The present suit was not instituted until the 26th of July, 1913, that is to say, about nine years after the execution. The lower appellate court has dismissed the suit solely on the ground that it is barred by limitation.

(3.) Article 91 provides that a "suit to cancel or set aside an instrument not otherwise provided for shall be brought within three years from the time when the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him."