Law: Civil Procedure Code (V of 1908)

Section: O. XVII, R.1

Law: West Pakistan Land Revenue Act, 1967

Section: 164

Law: Muslim Family Laws Ordinance, 1961

Section: 4

(a) Civil Procedure Code (V of 1908) O. XVII, R.1---Adjournment---Sine die adjournment of case ---Effect-- Application for hearing, whether an application for review---Non-fixing date for hearing---Effect- --Non-fixing a date for hearing of the case for whatever reason was not an order which had determined any right qua the parties-- Application seeking hearing of the case earlier adjourned sine die, was not an application for review. (b) West Pakistan Land Revenue Act (XVII of 1967) S. 164---Revision by Commissioner---Contention that prior permission of the Board of Revenue was required before revision petition could be heard by the Commissioner, was repelled being misconceived. (c) Muslim Family Laws Ordinance (VIII of 1961) S. 4---Inheritance---Contention that pronouncement of Federal Shariat Court whereby provisions of S.4 of Muslim Family Laws Ordinance, 1961 were declared repugnant to Injunctions of Islam did not have retrospective effect, was valid---Provision of S.4 of the Ordinance being applicable at the time of passing of order of Collector as well as Commissioner, heirs of deceased could not be deprived of their share of inheritance.                                                                                                                              ORDER Abdul Rehman, etc. heirs of Hajran Bibi submitted an application to D.C./Collector for review of inheritance Mutation No. 140 of Mauza Patti Makool attested on 30th September, 1992 and Mutation No.257 of Mauza Shero Dasti attested on 21st February, 1993 on the ground that they being heirs of Mst. Hajran Bibi daughter of Bahawal Khan son of Umer were deprived of their share to which they were entitled under the provisions of Muslim Family Laws Ordinance, 1961. Their application was accepted and directions were issued by D.C./Collector to Revenue Officer Halqa to decide the two…