Law:

Section:

Civil Procedure Code (V of 1908)--O.VI, R.17 & O.XIV, R.5---Constitution of Pakistan (1973), Art. 185(3)--­Dispute relating to inheritance of deceased---Plaintiff in her amended plaint had claimed that one of the heirs had relinquished her share of inheritance in plaintiff's favour---Trial Court on basis of such amended plaint did not frame additional issue relating to relinquishment of share by one heir as claimed by plaintiff---Appellate Court maintained and decree of Trial Court---High Court in revision, however, remanded case to Trial Court with direction to frame additional issue on basis of assertion in amended plaint---Validity---Plea of surrender of share raised by plaintiff was of vital importance---Such plea was appreciated by Trial Court also by allowing amendment of plaint so as to incorporate therein plea of surrender---Plea raised by plaintiff having been controverted by defendants, additional issue regarding question of surrender ought to have been framed--­Trial Court, thus, committed material irregularity in not striking additional issue and not allowing parties to produce evidence in support of their respective contention---Appellate Court also did not take care of serious shortcoming of Trial Court---High Court had rightly remanded case with direction to Trial Court to frame additional issue regarding question of surrender and to allow parties to lead evidence on that plea and then to decide such issue on basis of evidence on record--Leave to appeal to Supreme Court was refused in circumstances. Rais Tariq Chaudhry, Advocate Supreme Court instructed by Walayat Umar Chaudhry, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 14th November, 1995. ORDER MUHAMMAD ILYAS, J.---This petition has arisen out of a suit for partition of certain property left by one Muhammad Shafi deceased. The suit was filed by respondent No.1, Mst. Zohra Begum against the petitioners, Muhammad Akbar and others. It involved a dispute relating to the shares of legal heirs of Muhammad Shafi. Mst. Saleema Shafi and Mst. Zohra Begum are some of his legal heirs. The case of Mst. Zohra Begum is that Mst. Saleema Shafi had surrendered her share in…

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