Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--O.VII, R.11--Constitution of Pakistan (1973), Art. 185(3)--Petitioners claimed to be the collaterals of deceased in the fourth and fifth degree--Mutation of inheritance was attested in 1953 while petitioners brought a suit claiming share in the property in 1979--Trial Court rejected plaint of the petitioners under O.VII, R.11, C.P.C.--Appeal and revision of the petitioners against such order were also dismissed--Supreme Court refused leave to appeal with the observations that petitioners kept quiet for more than 26 years before raising their claim in the inheritance of deceased, they could if they had so wished, take up the matter before the Rehabilitation and Settlement Authorities, and if they had done so, their claim would have been considered on merits. C.M. Latif Rawn, Advocate Supreme Cburt with Ch. Muhammad Aslam, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 21st March, 1989. ORDER SAAR SAOOD JAN, J.--One Allauddin died in India leaving behind some agricultural property. He was survived by a widow, Mst. Bassan. and a daughter Mst. Fatima Bibs. On.8-1-1953, a mutation of inheritance was attested. According to the mutation, Mst. Bassan was entitled to 1/8th share and the respondent to 7/8th share in the estate of Allauddin. Consequently,…

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