Law:

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(a) Islamic law-------Inheritance---Brother of predeceased husband of a lady could not inherit her property. (b) Civil Procedure Code (V of 1908)--- ----O. VII, Rr.7, 8, O.XIV, R.1 & O.XX, R.5---Conclusion drawn by Court without any specific prayer or issue---Validity---Such conclusion could not be set at naught specially when same was drawn on basis of settled law. (c) Civil Procedure Code (V of 1908)--- ----Preamble---Power of Court under provisions of Civil Procedure Code, 1908---Scope---Such provisions are merely rules of procedure and subservient to cause of justice---Such laws do not control the power of Court to pass an order necessary for doing full justice in the circumstances of a case. AIR 1971 SC 361 ref. Province of Punjab v. Ch. Abdul Majeed 1997 SCMR 1692 fol. Muhammad Tufail Janjua for Petitioner. Ch. Din Muhammad Meo for Respondents. Date of hearing: 24th January, 2005. JUDGMENT Brief facts giving rise to the filing of this revision petition are that Dan Khan died issueless and left behind agricultural land measuring 98-K, 9-M in Village Bhamba, Tehsil and District Kasur. His brother Giyane inherited 86-K, 3-M and Mst. Pannah, his widow, inherited 12-K, 6-M. A Mutation of Inheritance bearing No.1278 was attested on 22-6-1961 (Exh.P.6) Mst. Pannah died and her land stood transferred to respondent No.1 Giyani by virtue of Mutation of Inheritance bearing No.5308 dated 5-12-1988 (Exh.P.7). Respondent No.1 Giyani exchanged some of the land inherited by him with Ismaeel and Mangta and the mutations of exchange were attested by the Revenue Authority in this respect (Exh.P.1 and Exh.P.2). 2. The respondents filed a suit for declaration and challenged the mutation of inheritance dated 5-12-1988 claiming themselves to be real sons and daughters of Mst. Pannah deceased. The learned trial Court dismissed the suit vide judgment and decree dated 9-9-1997. While deciding Issue No.5, learned Court was pleased to hold that the plaintiffs/respondents have failed to prove the factum of marriage of Mst. Pannah with Dhannay Khan, the predecessor of the petitioners. The Appellate Court affirmed and upheld the decision of the trial Court vide judgment, dated…

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