Law:

Section:

Specific is Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.XXIII, R. 3---Qanun-e-Shahadat (10 of 1984), Art. 124---Suit for declaration---Plaintiffs as wife and children of "S" claimed their respective shares as per inheritance in suit property which belonged to "S" whose whereabouts stated to be not known for last eight years despite lodging F.I.R. and publishing news regarding his kidnapping---Joint application under O.XXIII, Rule 3, C.P.C., by plaintiffs, mother and brother of "S" for decreeing suit---Validity---Mother in written statement had denied entitlement of brother of "S", but not those of plaintiffs---Suit property was still standing in name of "S"---No impediment appeared in granting such application---Suit was decreed in favour of plaintiffs and mother of "S" for being entitled to their respective shares as per Shariah in suit property without prejudicing right and interest of any third party therein. ORDER AQEEL AHMAD ABBASI, J.---Office has wrongly listed this application, which was already granted on 23-7-2010. 2. Plaintiff namely Mrs. Shahnaz Shuja wife of Ahmed Shuja is present along with her counsel, whereas Mrs. Rubina Imtiaz claiming to be duly constituted attorney of defendants Nos.3 and 4 is also present along with her counsel. This is an application under Order XXIII, Rule 3, C.P.C. read with section 151, C.P.C., which is duly signed by the plaintiff and the attorney of defendants Nos.3 and 4, whereas defendants Nos.1 and 2 have not signed the listed application. Plaintiffs have filed the instant suit claiming to be the only legal heirs of one Ahmed Shuja and have sought declaration to the effect that they are entitled for their respective shares per inheritance in respect of the properties mentioned in para. 7 of the plaint which belong to Ahmed Shuja, whose whereabouts are stated to be not known for the last about eight years. Reference to Article 124 of Qanun-e-Shahadat, 1984 has been made whereas reliance has been placed in the case of Lal Hussain v. Mst. Sadiq and another 2001 SCMR 1036. From perusal of the record, it appears that the plaintiffs have filed copies of the properties as mentioned in para. 7…

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