Law: Muslim Family Laws Ordinance, 1961

Section: 4

Law: Muslim Family Laws Ordinance, 1961

Section: 4

Law: Constitution of Pakistan, 1973

Section: 203D

Muslim Family Laws Ordinance (VII of 1961)-------S. 4---Specific Relief Act (I of 1877), Ss.8, 42 & 54---Suit for declaration, injunction and possession---Inheritance---Plaintiffs had sought declaration, injunction and possession of land transferred through inheritance mutation to defendants who were the children of predeceased son of original owner of the suit-land---Trial Court vide its and decree non-suited the plaintiffs under S.4 of Muslim Family Laws Ordinance, 1961, holding that children of the deceased son of original owner were entitled to the share equivalent to the one which their father would have received, if alive, at the time of opening of succession---Appeal filed against and decree of the Trial Court, was also dismissed by the Appellate Court---Validity---Counsel for the plaintiffs could not point out and illegality in the impugned s and decrees of the two courts below, which could not be interfered with, in circumstances. (b) Administration of justice--- ----Frivolous litigation---Luxury of frivolous litigation by vested interests could hardly be afforded by courts administering justice---Trial Courts were under a legal obligation to apply their mind to the suit---Suits of such nature should be buried at their very inception and not allowed to be put to lengthy trials which ultimately would result in unnecessary burden on the diary of the courts---Such cases were the main cause of huge pendency---When only one legal issue was involved which could have been resolved at the very initial stage of the suit, if the Judge ceased of the suit had attended to the plaint that would save the precious time of the court, the parties and their hard earned money---Goals of National Judicial Policy could also be easily achieved, if the Trial Court would attend to the said observations. Lal Jan Khattak for Petitioners. ORDER ABDUL AZIZ KUNDI, J.--- Impugned herein are the judgments and decrees dated 16-11-2007 and 5-5-2009, passed respectively by Civil Judge, Banda Daud Shah, District Karak and District Judge, Karak in a suit filed by petitioners, challenging the inheritance Mutation No.212, attested on 24-10-2004, in favour of defendants-respondents 1 to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492