Law:

Section:

(a) Islamic Law--- ----Inheritance---Custom/Riwaj excluding daughter from inheritance, validity of---Daughter inherited property from father but her name was not entered in mutation due to alleged custom whereunder daughter was not entitled to inherit from legacy of her father---Daughter died issueless and legal heirs of her husband filed suit for declaration to correct said inheritance mutation---Trial court decreed the suit, but appellate court set aside the same---Respondents contended that the daughter being aware of entries in revenue record had relinquished her right in legacy of her father---Validity---Predecessor of petitioners, being one of the legal heirs, could not be deprived from her right on ground of alleged custom---Respondents could not produce any evidence pertaining to the custom/Riwaj and the same was not sustainable in law---Impugned was not sustainable being violative of law---High Court set aside and decree of appellate court and affirmed that of trial court. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (b) Civil Procedure Code (V of 1908)---- ----S. 11, O. II, R. 2 & O. XVII, R. 3----Constructive res judicata, applicability of---Frame of suit---Relinquishment of claim---Dismissal in default---Appellate court non-suited petitioners on the ground that petitioner had earlier filed a suit regarding residential property left by predecessor-in-interest of parties in which they had not included agricultural property which was subject matter of present suit; and petitioners had relinquished their right to the extent of said agricultural property under S.11 and O.II, R.2, C.P.C. and the same could not be agitated in the present suit---Pleas raised by petitioners were that the earlier suit had not been decided on merits and dismissed under O.XVII, R.3, C.P.C., and in said suit parties had sought partition of the residential property on basis of family settlement, but in the present suit petitioners had challenged entries of inheritance mutation in revenue record---Validity---When earlier suit was filed, predecessor-in-interest of petitioners was not owner of agricultural land for purpose of any further transaction and…

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