Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)---S. 4---Constitution of Pakistan (1973), Art.185(3)---Inheritance--­Children of predeceased daughter---Principle settled by Federal Shariat Court in case titled Allah Rakha and others v. Federation of Pakistan and others reported as PLD 2000 FSC 1---Applicability---Respondents were children of predeceased daughter of the deceased predecessor-in-interest of the parties--­Petitioners excluded the respondents from the mutation of inheritance---Such mutation was assailed in civil suit which was decreed in favour of the respondents---Lower Appellate Court maintained the passed by the Trial Court and revision before High Court was also dismissed--­Petitioners played a fraud while getting the mutation sanctioned in their favour and they intentionally and deliberately excluded the respondents--­Validity---Where the provision of S.4 of Muslim Family Laws Ordinance, 1961, was very much in the field at the time of attestation of mutation, the principle laid down in the of FSC would not be applicable to the instant case as the had to take effect from 31-3-2000---Petitioners deliberately and knowingly got the names of the respondents omitted from the aforesaid mutation, such act on the part of the petitioners was not appreciated by Supreme Court---Held: Appeal against the ji4dgment passed by Federal Shariat Court was pending adjudication before Supreme Court, the decision of the Federal Shariat Court would not be attracted till the disposal of the appeal---Leave to appeal was refused. Allah Rakha and others v. Federation of Pakistan and others PLD 2000 FSC 1 ref. (b) Constitution of Pakistan (1973)--- ----Art 203-D(2)---Decision of the Federal Shariat Court---Declaring any law as repugnant to the Injunction of Islam---Scope---Such decision of Federal Shariat Court would take effect, if any, after the appeal pending before Supreme Court is disposed of. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the order dated 23-12-1998 passed by a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby petitioners' Civil Revision No.496-D of 1998 was dismissed. 2. The facts briefly stated…

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