Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R.23---Succession Act (XXXIX of 1925), S.370---Status of petitioner as determined in succession certificate---Value of---Petitioner having been granted succession certificate as widow of deceased, same was declared to be of no legal effect by the Court on a suit filed by respondent heirs---Petitioner filed appeal wherein on both parties' statements case was remanded for decision afresh---Suit was again decreed against petitioner so also appeal---Petitioner's contention in revision was that at the time of remand of suit, question as regards, status of petitioner stood finally decided, therefore it was not open to Trial Court in post-remand proceedings to have given a finding that she was not a widow of deceased---Perusal of statements, made by parties on basis of which remand order was passed showed that question as to who were heirs of deceased was specifically left open and remanded to Trial Court---Petitioner thus could not contend that her status as heir of deceased was no longer in issue and could not have been decided by Trial Court. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Question whether petitioner was divorced by deceased before his death was a question of fact which .had been decided by both the Courts below after appraising evidence of parties---Courts below having recorded concurrent finding of fact, same could not be re-appraised in revisional jurisdiction. (c) Qanun-e-Shahadat (10 of 1984)-.- ----Art. 100---Civil Procedure Code (V of 1910, S.115---Document proved to be thirty years old---Presumption---Agreement deed containing acknowledgment of petitioner that she had been divorced by deceased being more than thirty years old would carry presumption of correctness---Concurrent findings based on such evidence could not be deemed to be arbitrary or capricious and thus would not call for any interference by High -Court in revisional jurisdiction---Revision was dismissed in circumstances. JUDGMENT The dispute relates to inheritance of Tufail Muhammad son of Fazal Muhammad who died on 20th August 1972. On an application made by Mst. Hamida Begum, the petitioner,…

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