| Citation(s) |
|---|
| 2025 SLG 5182 2025 SLD 5182 = 2025 LHC 363 = 2026 CLC 905 |
Civil Revision No.41323 of 2021
PRESENT; (Muhammad Sajid Mehmood Sethi) Judge
Date of hearing: 13.02.2025. Petitioner by: Mr. Riaz Hussain Haleem, Advocate
Muhammad Riaz
VERSUS
Arshad Ali, etc.
Law: Muhammadan Law
Section: 42
Law: Registration Act, 1908
Section:
Law: Code Of Civil Procedure, 1908.
Section:
TAGLINE
Unregistered Will in favour of heirs is invalid without post-death consent of all heirs; suits based on such Will held barred and plaints rightly rejected under Order VII Rule 11 CPC.
📌 SUMMARY
Justice Muhammad Sajid Mehmood Sethi decided two connected revision petitions involving common questions. The petitioner challenged orders of the Civil Judge (02.05.2019) and Additional District Judge (06.10.2020) whereby his plaints in two suits for declaration, based on a Will dated 07.01.2004 executed by his father Allah Dia, were rejected under Order VII Rule 11 CPC.
Some heirs supported the Will, while others (respondent No.3 and respondents 5–7) disputed it. Prior to filing the suits, a partition suit had already been decreed on statements of parties made under oath, declaring respondent No.2 a co-owner—yet the petitioner never disclosed the Will at that time. The present suits were filed later during execution proceedings, appearing to be an after-thought.