Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)---S.4---Civil Procedure Code (V of 1908), S.11---Constitution of Pakistan (1973),Art. 185(3)---Succession---Res judicata, principle of--- Applicability---Petitioners being children of daughter of deceased filed suit claiming 1/2 share out of the estate of deceased---Respondents resisted the suit including plea of res judicata---Trial Court decreed the suit observing that petitioners in previous suit had challenged validity of gift in favour of respondents, whereas in present suit, petitioners had claimed legal share out of inheritance of deceased, thus, cause of action in both the suits was different---Appellate Court set aside the and decree and dismissed the suit as barred by res judicata---Validity---Judgment passed by Trial Court in previous suit that questions of gift as well as claim of petitioners with regard to inheritance of deceased had been agitated and duly determined by finding them not entitled to any share out of inheritance of deceased--­Such and decree having not been challenged had attained finality. thus, present suit was squarely hit by principle of res judicata and as such impugned did not warrant interference---Supreme Court dismissed the petition and refused to grant leave to appeal. JUDGMENT QAZI MUHAMMAD FAROOQ, J. ---Petitioners Allah Dawaya and 2 others seek leave to appeal against the judgment dated 28-1-1999 of a learned Judge in Chambers of the Lahore High Court passed in Writ Petition. 2. The writ petition was directed against the judgment dated 5-7-1998 of the learned Additional District Judge, Lodhran whereby Civil Revision No.27/14 of 1994 filed by the respondents Noor Muhammad etc, was allowed and the judgment and decree dated 22-7-1993 of the learned trial Judge passed in favour of the petitioners was set aside and the suit was dismissed as barred by res judicata. 3. The suit pertained to the inheritance of one Piran and the relief prayed for therein was to the effect that the petitioners being children of Mst. Maryam, daughter of Piran, were entitled to get 1/2 share out of the estate of the deceased but were deprived of their share by the respondents who had got certain mutations…

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