Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Muslim Family Laws Ordinance, 1961

Section: 4

Civil Procedure Code, 1908 (V of 1908)---.--- ---.---S. 115---.---Civil revision---.---Concurrent s---.---Descendants of real brother---.---Inheritance---.---Mutation was not challenged in his life time---.---Estopped from challenging mutation---.---Substantial discrepancies in evidence---.---Question of---.---Whether plaintiff could challenge it now having acquiesced in mutation and subsequent mutation---.---Validity---.---Exercises a gravitational pull on entire controversy was issue viz. "whether plaintiffs are estopped by their words and conduct to file present suit---.---Respondents/ plaintiffs were estopped by their words and conduct to file suit and to claim inheritance while admitting that their predecessor-in-interest had not challenged said mutation while he was alive knowing fully well regarding mutation and having participated in proceedings for consolidation. Muslim Family Laws Ordinance, 1961 (VIII of 1961)---.--- ---.---S. 4---.---Muhammadan Law---.---Shares---.---Succession opens---.---Principle of inheritance---.---Applicability---.---In event of death of any son or daughter of propositus before opening of succession, children of such son or daughter, if any, living at time succession opens, shall per stripes receive a share equivalent to share which such son or daughter, as case may be, would have received, if alive---.---Once again, mandate of Section 4 of Muslim Family Law Ordinance, 1961, is not disputed nor is it in dispute that in ordinary circumstances principles of inheritance would be full applicable. THIS JUDGMENT DELIVERED BY: SHAHID KARIM, JUSTICE:---.--- This is an application under Section 115 of Civil Procedure Code, 1908 by way of revision petition against the concurrent judgments and decrees dated 13.3.2001 passed by the Civil Judge, Muzaffar Garh and dated 02.03.2005 by Addl. District Judge, Muzaffar Garh. 2. This case has historical facts and a summary of these facts can be gleaned from the plaint as well as the written statements filed by the parties. 3. The case set up in the plaint was that the petitioners were sons of Hamid Khan who was the husband of Mst. Saddan. Mst. Saddan in turn was the daughter of Gohar Khan who was…

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