Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art.64---Civil Procedure Code (V of 1908), S.11---Suit for declaration---Limitation---Inheritance---Pedigree table---Constructive res judicata, principle of---Applicability---Contention of plaintiffs was that they were minors and when they attained the age of majority, they challenged the matter---Suit was dismissed concurrently---Validity---Claim of plaintiffs was based on pedigree table which connected them with their predecessor---No evidence was available on record in support of their claim---Pedigree table by itself was not a proof of relationship unless same was proved by some reliable and independent evidence---Such table not corroborated by convincing and independent evidence did not have much evidentiary value---Relationship on which the right of inheritance of the plaintiffs was based had failed for lack of independent evidence---Predecessor of plaintiffs brought suit claiming inheritance with regard to property in question and all the rights and obligations stood adjudicated which was never challenged---Present suit was hit by principle of constructive res judicata---Plaintiffs were bound to file suit within 3 years after attaining majority---Suit filed by the plaintiff was time-barred---Father of plaintiffs died 35 years back who did not challenge the inheritance of his mother during his life time---Plaintiffs had no locus standi to question the same---Both the courts below had recorded concurrent findings which were not open to exception---No illegality or irregularity was shown to have been committed by the courts below---No misreading or non-reading of evidence had been pointed out---Revision was dismissed in circumstances. Abdul Haq and others v. Mst. Surraya Begum and others 2002 SCMR 1330 rel. ORDER MUSARRAT HILALI, J.--- The petitioners have assailed the judgment and decree of learned Additional District Judge-IV, Peshawar dated 18-1-2012 whereby their appeal against the judgment and decree recorded by learned Civil Judge-XXII, Peshawar dated 14-3-2011 has been dismissed. 2. Succinctly, facts of the case are that the petitioners filed a suit for declaration against…

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