Case Details

Citation(s)
2014 SLG 1372 2014 SLD 1372 2014 YLR 301
Lahore High Court
Civil Revision No.142 of 2013/BWP, decision dated: 10-09-2013
SHUJAAT ALI KHAN, J
Malik Muhammad Aslam for Petitioners. Mian Faiz ul Hassan for
Respondent

JAMSHAID ALI KHAN and anothers

VS

GHULAM SAYED and another

Law:

Section:

(a) Specific Relief Act (I of 1877)---S. 42---Muslim Family Laws Ordinance (VIII of 1961), S. 4---Suit for declara-tion---Mutation attested on 5-4-1986 regarding legacy of predecessor-in-interest of parties challenged by plaintiffs claiming to be legal heirs of his pre-deceased son/daughter---Suit decreed concurrently by Courts below declaring plaintiffs to be entitled to inherit estate left by deceased---Defendant's plea that of Federal Shariat Court reported as PLD 2000 FSC 1 declaring S. 4 of Muslim Family Laws Ordinance, 1961 to be un-Islamic was challenged before Shariat Appellate Bench of Supreme Court, thus, impugned s/decrees could not be passed---Validity---Federal Shariat Court had passed such in year 1991, whereas S. 4 of Muslim Family Laws Ordinance, 1961 was applicable law at the relevant time---Suspension of operation of such of Federal Shariat Court by Shariat Appellate Bench of Supreme Court could not be made ground to set aside impugned s/decrees---High Court dismissed revision petition in circumstances. Allah Rakha and others v. Federation of Pakistan and others PLD 2000 FSC 1 and Muhammad Farooq through L.Rs. and others v. Muhammad Hussain and others 2013 SCMR 225 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings of facts by Courts below---Interference in such findings by High Court in revisional jurisdiction---Scope. Concurrent findings of facts cannot be upset by High Court in its revisional jurisdiction in a casual manner, rather it has to be proved that the same are perverse or arbitrary or the same are based on misreading or non-reading of evidence. Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5 rel. ORDER SHUJAAT ALI KHAN, J.---Through this revision petition the petitioners have challenged the vires of judgment and decrees dated 22-12-2011 and 24-12-2011 passed by the learned Civil Judge Haroonabad and the learned Additional District Judge, Haroonabad, respectively, whereby the suit filed by the respondents seeking declaration was concurrently decreed. 2. Learned counsel for the petitioners contends that since the judgment of the Hon'ble Federal Shariat Court reported as…
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