Law:

Section:

(a) N. W. F. P. Courts Regulation (I of 1931)--S. 31 (before repeal) read with Civil Procedure Code (V of 1908), S. 10(1 Appeal Second appeal Scope of further appeal under provisions of Regulation Held, co extensive with first appeal, definitely wider than that prescribed in S. 100, C. P. C. Concurrent findings of fact under provisions of Regulation can be re examined and reappraised afresh without constraints. of a second appeal. [Second appeal). (b) Civil Procedure Code (V of 1908) --O. XLV Appeal to Supreme Court Matter remaining pending in trial Court for ten years for reconstruction of record and for another ten years appeal awaiting hearing in Supreme Court¬-Supreme Court in circumstances of case decided to reappraise facts and findings of Courts below instead of remanding matter to High Court. JUDGMENT SHAFIUR RAHMAN, J. This is defendant's certificated appeal under Order XLV, rule 3, C. P. C. against the dismissal in limine of his further appeal by the West Pakistan High Court, Peshawar Bench, on 18th April, 1961. Bostan bad two wives from one he had a son Yar Muhammad who was the father of the two plaintiffs and defendant No. 1, and from the other he bad a son named Abdul Qadir who was the father of the appellant The two sons (Yar Muhammad and Abdul Qadir) received in equal shares the ancestral property on the death of Yar Muhammad in 1923 24. The three daughters, that is, two plaintiffs and defendant No. 1 inherited hiq estate as customary heirs. 1n 1925 or near about Mst. Shamozai the eldest sister and one of the plaintiffs married whereupon the customary estate held by her was mutated vide Mutation No. 3693 attested on 27 9 1925 (Esh. P. W. 2/8 Exh. D. D.) in favour of her two surviving then unmarried sisters, Mst. Amazai, defendant No. 1 and the plaintiff No. 2 Mst. Ferozai. Mst. Ferozai was the next to get married and her customary estate devolved on Mst. Amazai (vide mutation 584 attested on 24 3 32 as corrected vide mutation 665 attested on 7 7 1958 vide Exh. P. 1). On 13 10 1950 Mst. Shamozai and Mst. Ferozai instituted a civil suit claiming that their father Yar Muhammad was owner of land measuring 186 kanals 13 marlas out of 220 kanals 13…

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