Law: Civil Procedure Code (V of 1908)

Section: O.VII Rule. 11

Law: Specific Relief Act, 1877

Section: 42, 54

Civil Procedure Code, 1908 (V of 1908)--

----O.VII R. 11--Specific Relief Act, (I of 1877), Ss. 42 & 54--Rejection of suit--Concurrent findings--Deceased was belongs to shia sect--Deceased was issueless--Both parties filed succession certificates--Succession certificate filed by respondent was allowed--Respondent was also obtained letter of administration--Question of whether petitioners being cousins of deceased have entitlement in state of deceased Faqir Hussain--Doctrine of return--Both parties filed separate succession certificates which were contested by both parties--Succession certificate filed by Respondent No. 1, was allowed while petitioners’ succession certificate was dismissed--Respondent No. 1 also obtained letter of administration from concerned Court--According to settled principles of Shia law, first class excluded second one and second class excluded third one--Under Shia law of inheritance, Respondent No. 4 being nephew of deceased succeeds one-half of sharer, and remaining half will also revert to him under law of Doctrine of Return, while petitioners were maternal cousins of deceased fall in third class of heirs in Shia law of inheritance and were not entitled in inheritance of deceased--Courts below had concurrently recorded their findings of facts and law, which High Court found as perfectly in accordance with available evidence of parties--Civil revision dismissed.



2022 SCMR 1054 ref.

 

ORDER

This Civil Revision Petition is directed against the judgment and decree dated 30.07.2022 (hereinafter “the impugned judgment and decree”) passed by learned Civil Judge-III, Quetta (hereinafter “the trial Court”) whereby, the application under Order VII Rule 11 CPC was allowed and the plaint of the petitioner was rejected under Order VII Rule 11 of Code of Civil Procedure 1908 (CPC) and upheld by learned Additional District Judge-IX, Quetta (hereinafter “the appellate Court”) vide order and decree dated 27-09-2022 (hereinafter “the impugned order and decree”).