Law:

Section:

(a) Inheritance--Constitution of Pakistan (1973), Art. 185(3)---Entitlement to inheritance--­Leave to appeal was granted to consider the question, whether in presence of the pedigree-table forming part of the Revenue Record which indicated that C was the only son of deceased, the Courts below were justified in disregarding the Revenue Record. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Nature of prohibition imposed by S.11, C.P.C. on Court to try a suit. --[Res judicata]. A perusal of section 11 of C.P.C. indicates that it prohibits a Court from trying any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such competent Court. (c) Civil Procedure Code (V of 1908)--- ----S. 11---Provision of S.11, C.P.C. does not make any distinction between a in rem or a in personam. (d) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 4---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), S.5---Succession---Children of predeceased daughter of the last full owner will inherit the same which the mother would have got as if she were alive at the time of the opening of the succession. Sardar v. Mst. Nehmat Bi and 8 others 1992 SCMR 82 applied. (e) Constitution of Pakistan (1973)--- ----Art. 187---Supreme Court has the power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person on the discovery or production of any document. (f) Muhammadan law--- ----Inheritance---Duty of Court---In cases which involve inheritance inter se among the legal heirs, Court should -make efforts to ensure that no legal heir is denied of his legal share in the estate of the deceased concerned on a technical ground---Such an approach will also be in consonance with the…

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