Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 3

Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: 47

(a) Civil Procedure Code (V of 1908)-------O. XLI, Rr.27 & 28---Additional evidence, production of---Application for---Petitioners had claimed that mutations referred in application for additional evidence were for the land which was not part of estate of the deceased and as such their land could not be made part of estate of deceased---Respondents had admitted that they had no claim against personal property of the petitioners---Application for additional evidence had become redundant---Judgment passed by High Court in the year 2003 held the field and petitioners if had any grievance they could approach the competent forum for redressal of their grievance---Application for production of additional evidence was disposed of accordingly. (b) Islamic law--- ----Inheritance---Legal heirs were entitled to the estate of deceased and in case any legal heir had purchased property independently that could not be made part of estate of the deceased. Muhammad Hanif Niazi for Petitioners. Tasawar Hussain Qureshi for Respondents. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.--- The present revision petition was decided by my learned brother Mr. Muhammad Sayeed Akhtar, J. as then .he was vide judgment dated 30-3-2004. The petitioner assailed the same through an Appeal No.591-L of 2009 before honourable Supreme Court of Pakistan which was allowed vide judgment dated 3-3-2010 on the ground that an application for additional evidence filed by the petitioners was not decided by this Court. 2. Learned counsel for the petitioner submits that his application for additional evidence was not decided by the court through which he wanted to place on record Mutations Nos.6309, 6310 dated 9-9-1950 and Mutation No.81 dated 25-9-1954 as according to him the petitioner's predecessor in interest purchased the land subject matter of these mutations independently which has wrongly been tagged with the estate of Noor Muhammad and as such these documents are necessary to be produced on record. He further submits that these documents are public documents and there is no doubt about their authenticity. 3. The dispute between the parties is about the estate of one Noor, Muhammad who died issueless and…

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