Law:

Section:

Succession Act (XXXIX of 1925)--- ----S. 372---Succession certificate---General Provident Fund, leave salary, leave encashment and gratuity being in nature of tarka should go to the legal heirs of the deceased while group insurance, financial assistance and benevolent fund which did not fall within the ambit of tarka were just grant and grantee was empowered to distribute the same as per rules and regulations of service or any provision of law---Order of Trial Court was in accordance with law---Appellate Court remanded the case without any reason which would prolong the agony of the parties---Impugned order of Appellate Court was set aside and that of Trial Court was restored---Revision was accepted in circumstances. Government of Pakistan v. Public-at-large PLD 1991 SC 731; Dr. Nasir Ullah v. Abdul Majeed Soomro and others 2009 PLC (C.S.) 263; Naseem Akhtar alias Lali v. Khuda Bux Pechoho and others 2006 CLC 1589; Zaheer Abbas v. Pir Asif and 6 others 2011 CLC 1528 rel. JUDGMENT WAQAR AHMAD SETH, J.--- This revision petition under section 115, C.P.C. is directed against the judgment and order dated 3-2-2012, whereby Additional District Judge-III, Haripur, on acceptance of appeal of respondents, set aside the judgment and order of learned trial Court dated 10-3-2011. 2. Brief and relevant facts leading to this petition are that petitioner is widow of one Arshad Mehmood, who was a government servant died on 29-6-2010 leaving behind the petitioner and respondents Nos.1 and 2 as his legal heirs. Respondents Nos.1 and 2 applied for grant of succession certificate and learned Senior Civil Judge after recording pro and contra evidence issued the succession certificate on 20-10-2010. The petitioner moved an application for review of said order, which was decided on 10-3-2011 whereas respondent No.1 moved an application for disbursement of service dues of deceased, which was disposed of vide order dated 22-9-2010. Feeling aggrieved, respondents Nos.1 and 2 filed appeal, which after contest was disposed of vide impugned order dated 3-2-2012 and remanded back the case to the trial Court. Feeling aggrieved, the petitioner has filed the instant revision petition. 3.…

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