| Case ID |
00bdc05d-dec6-4233-b1de-8ba60fc37197 |
| Body |
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| Case Number |
Civil Petition No. 935-L of 1997 |
| Decision Date |
Nov 24, 1999 |
| Hearing Date |
Nov 24, 1999 |
| Decision |
In this case, the Supreme Court of Pakistan addressed a challenge to the judgment of the Lahore High Court, which upheld the dismissal of a suit for declaration of rights of inheritance. The court determined that the petitioners had made sufficient allegations of fraud regarding the inheritance rights of Col. Altaf Ali Khan, which warranted further proceedings. The Supreme Court found that the initial burden of proof regarding allegations of fraud lay with the plaintiffs. The court emphasized that the matter could not be dismissed solely on the grounds of limitation without allowing evidence to be presented. Consequently, the petition was converted into an appeal, and the case was remanded to the trial court for a proper hearing, allowing the parties to present their evidence and frame appropriate issues. |
| Summary |
This case revolves around a legal dispute concerning inheritance rights, specifically the claim of the petitioners as legal heirs of Col. Altaf Ali Khan. The Supreme Court of Pakistan examined the procedural aspects of the lower courts' decisions that dismissed the petitioners' claims based on alleged time-bar and frivolous nature of the suit. The court highlighted the importance of allowing full arguments and evidence in cases involving civil rights, particularly when allegations of fraud are made. The decision underscores the necessity for trial courts to consider the merits of claims thoroughly before dismissing them on procedural grounds. The ruling reinforces the principle that the burden of proof lies with the party alleging fraud and emphasizes the importance of a fair trial in civil proceedings. Keywords include inheritance rights, fraud, civil rights, procedural fairness, and legal heirs. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI, C.J.,
SHEIKH RIAZ AHMED,
CH. MUHAMMAD ARIF, J.
|
| Lawyers |
Mushtaq Ahmed Khan, Advocate Supreme Court,
Mahmood A. Qureshi, Advocate-on-Record for Petitioners,
Ihsanullah Khan, Advocate Supreme Court,
C.M. Latif, Advocate-on-Record for Respondents
|
| Petitioners |
TABASSAM NAZIR and others
|
| Respondents |
THE DISTRICT JUDGE, FAISALABAD and others
|
| Citations |
2000 SLD 953,
2000 SCMR 1279,
2000 SLD 1365
|
| Other Citations |
Muhammad Akhtar etc. v. Abdul Hadi etc. 1981 SCMR 878,
Syed Shahzad Hussain and 4 others v. Mst: Hajira Bibi and others PLD 1990 Lah. 222,
Muhammad Saeed v. Mst. Nahid Shagufta and 3 others PLD 1990 Lah. 467,
Mst. Karim Bibi and others v. Zubair and others 1993 SCMR 2039
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
185(3)
|