Law: Code Of Civil Procedure, 1908.

Section: 12(2)

Law: Qanun-e-Shahadat Order, 1984

Section:

Tagline:
Inheritance Rights and Misuse of Evidence from Prior Proceedings – Section 12(2) CPC.

Summary:
The petitioner, widow of Muhammad Sadiq, challenged dismissal of her application under Section 12(2) CPC to set aside a judgment and decree of 03.11.2017, which had declared respondents No.3 to 8 as sole legal heirs of her deceased husband. The courts below relied on evidence recorded in a prior jactitation of marriage suit (respondent No.9 vs. Muhammad Sadiq), in which the petitioner was not a party and had no right to cross-examine. The High Court held that such evidence was inadmissible under Article 47 of the Qanun-e-Shahadat Order, 1984, since mandatory pre-conditions (same parties, opportunity for cross-examination, identical issues) were not met. The courts also failed to frame issues or record evidence before dismissing the Section 12(2) CPC application, amounting to a misdirection in law. Consequently, the writ petition was allowed, impugned orders set aside, and the matter remanded to the trial court for fresh adjudication within six months.

ORDER;