Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Muhammadan Law

Section: 67,68,74

Specific Relief Act (I of 1877)------S. 42---Civil procedure Code (V of 1908), S.115---Islamic law---Suit for declaration---Inheritance---Suit had concurrently been decreed by the Trial Court and Appellate Court---Plaint showed that plaintiff was related to deceased owner of suit property sought to be inherited through his mother who predeceased the deceased owner--Plaintiff in circumstances was not entitled to inherit the property of deceased in the presence of defendant who was daughter of real 'brother of deceased owner---According to Hanfi Law of inheritance, both defendant and the plaintiff fell in the category of distant kindered and in circumstances neither of them was sharer or residuary---According to the Islamic law of inheritance the nearer in degree would exclude more remote---Defendant who was daughter of brother of deceased, was nearer in degree to deceased, whose property was in dispute and plaintiff being son of the daughter of the brother of the deceased, stood excluded by defendant---As plaintiff was not an heir of deceased, he could not inherit in the presence of defendant---Plaintiff, in circumstances had no cause of action to file suit, nor the suit was maintainable---Suit was liable to be dismissed in circumstances---Ordinarily the concurrent s were not set aside, unless the same were replete with gross illegality and irregularity and were inconsistent with the law applicable to the facts of the case---In the present case a gross illegality had been committed in misinterpreting Islamic Law---Impugned s which suffered from material illegality and irregularity were liable to be set aside, even in the exercise of revisional jurisdiction---Impugned s and decrees of the Trial Court as well as that of the Appellate Court, were set aside, in circumstances. Ch. Riaz Hussain Jehania for Petitioner. Respondent proceeded Ex parte on 28-1-1998. Date of hearing: 6th July, 2009. JUDGMENT CH. NAEEM MASOOD, J.---The present civil revision is directed against the concurrent judgments and decrees dated 5-9-1995 and 17-6-1997 passed by the learned Civil Judge, Khanewal and learned Additional District Judge, Khanewal, decreeing the suit filed by the…

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