Case Details

Citation(s)
2001 SLG 2285 2001 SLD 2285 2001 CLC 13
Board of Revenue, Punjab
R.O.R. No.2064 of 1997, decision dated: 12-09-2000
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIALI)
Muhammad Mohsin for Petitioner. Muhammad Zafar Chuadhry for
Respondents

MUHAMMAD IBRAHIM and anothers

VS

ABDUL REHMAN and 8 others

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XVII, R.1---Adjournment---Sine die adjournment of case ---Effect--­Application for hearing, whether an application for review---Non-fixing date for hearing---Effect- --Non-fixing a date for hearing of the case for whatever reason was not an order which had determined any right qua the parties--­Application seeking hearing of the case earlier adjourned sine die, was not an application for review. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---Revision by Commissioner---Contention that prior permission of the Board of Revenue was required before revision petition could be heard by the Commissioner, was repelled being misconceived. (c) Muslim Family Laws Ordinance (VIII of 1961)---- -----S. 4---Inheritance---Contention that pronouncement of Federal Shariat Court whereby provisions of S.4 of Muslim Family Laws Ordinance, 1961 were declared repugnant to Injunctions of Islam did not have retrospective effect, was valid---Provision of S.4 of the Ordinance being applicable at the time of passing of order of Collector as well as Commissioner, heirs of deceased could not be deprived of their share of inheritance. PLD 2000 FSC 1 ref. ORDER Abdul Rehman, etc. heirs of Hajran Bibi submitted an application to D.C./Collector for review of inheritance Mutation No. 140 of Mauza Patti Makool attested on 30th September, 1992 and Mutation No.257 of Mauza Shero Dasti attested on 21st February, 1993 on the ground that they being heirs of Mst. Hajran Bibi daughter of Bahawal Khan son of Umer were deprived of their share to which they were entitled under the provisions of Muslim Family Laws Ordinance, 1961. Their application was accepted and directions were issued by D.C./Collector to Revenue Officer Halqa to decide the two mutations afresh. Against this order, dated 1st of March, 1994 of D.C./Collector, the respondents in the review petition filed appeal before Commissioner, D.G. Khan Division. In view of the fact that Muslim Families Laws Ordinance, 1961 were under examination of Federal Shariat Court for determination of any repugnancy of the provisions of the Ordinance with the Injunctions of Islam, the case was…
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