| Citation(s) |
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| 2025 SLG 4691 2025 SLD 4691= 2025 PLC 575 |
Supreme Court of Pakistan
Civil Petition No. 256-Q of 2020, decided on 2nd January, 2025. (Against the judgment of the High Court of Balochistan, Quetta dated 28.09.2020 passed in Civil Revision No. 199 of 2020).
Present: Amin-ud-Din Khan and Jamal Khan Mandokhail, JJ
Manzoor Ahmed Shah, Advocate Supreme Court and Gohar Yaqoob Yousafzai, Advocate-on-Record along with petitioner for Petitioner. Muhammad Riaz Akhtar Tareen, Advocate Supreme Court for Petitioner (in C.M.A. No. 185-Q of 2024). Muhammad Ali Rakhshani, Addl. A.G. Balochistan, Muhammad Ayub Tareen, Asstt. A.G. Balochistan, Noor Hussain Baloch, Addl. Secy S&GAD, Haji Muhammad Naeem, Addl. Secy, S&GAD (PAY), Rehmat Ullah Kakar, Dy. Secretary Finance and Abdul Wajid, Representative, A.G., Balochistan for
Respondent No.1. Muhammad Mehmood Sadiq, Advocate Supreme Court for
Respondent No.2.
Civil Petition No. 256-Q of 2020, decided on 2nd January, 2025. (Against the judgment of the High Court of Balochistan, Quetta dated 28.09.2020 passed in Civil Revision No. 199 of 2020).
Present: Amin-ud-Din Khan and Jamal Khan Mandokhail, JJ
Manzoor Ahmed Shah, Advocate Supreme Court and Gohar Yaqoob Yousafzai, Advocate-on-Record along with petitioner for Petitioner. Muhammad Riaz Akhtar Tareen, Advocate Supreme Court for Petitioner (in C.M.A. No. 185-Q of 2024). Muhammad Ali Rakhshani, Addl. A.G. Balochistan, Muhammad Ayub Tareen, Asstt. A.G. Balochistan, Noor Hussain Baloch, Addl. Secy S&GAD, Haji Muhammad Naeem, Addl. Secy, S&GAD (PAY), Rehmat Ullah Kakar, Dy. Secretary Finance and Abdul Wajid, Representative, A.G., Balochistan for
Respondent No.1. Muhammad Mehmood Sadiq, Advocate Supreme Court for
Respondent No.2.
Mst. ANITA ANAM
VERSUS
GENERAL PUBLIC and another
Law: Balochistan Civil Servants Pension Rules, 1989
Section: 4.10(2)
Law: Succession Act, 1925
Section: XXXIX,372,373
Law: Civil Procedure Code (V of 1908)
Section: II,2
(a) Balochistan Civil Servants Pension Rules, 1989-------R. 4.10 (2) [as amended]---Succession Act (XXXIX of 1925), Ss. 372 & 373--Civil Procedure Code (V of 1908), O. II, R. 2---Succession certificate---Family monthly pension---Failure to include all claims---Successive proceedings---Scope--Provisions of Civil Procedure Code, 1908---Applicability---Petitioner was unmarried daughter of deceased civil servant and had applied for family monthly pension---Succession Certificate was refused to her by the Courts below on the plea that she did not include claim of family monthly pensionin earlier succession application---Validity---Judge is empowered to issue more than one certificates, as provided by sections 372 (3) and 373 (3) and (4) of Succession Act, 1925---No limitation under Succession Act, 1925, has been placed upon right of parties in filing more than one application---Any decision made under Part-X upon any question of right between parties, does not bar trial of the same or related question in any subsequent proceedings under Succession Act, 1925 or in any suit or other proceedings between same parties---No person has been restricted under Succession Act, 1925 from filing application in respect of a portion of claim which he omitted while filing earlier application---Provisions of C.P.C. cannot be applied to matters falling under Succession Act, 1925 which is a special law and a specific procedure has been provided---Provisions of Order II, Rule 2, C.P.C. are not attracted in the matters under Succession Act, 1925---Where Succession Act, 1925 is silent on matters relating to procedure for trial of case, procedure provided by C.P.C. may be adopted to regulate proceedings--Earlier certificate issued to petitioner was in respect of amount left by her late father in his bank account, whereas, through second application, she was claiming her share in monthly family pension---Supreme Court set aside decision of High Court which was based upon unamended Balochistan Civil Servants Pension Rules, 1989, and was an illegality--Supreme Court remanded the matter to Trial Court to determine status, entitlement and share of petitioner in…