| Case ID |
2689b7ed-0fd0-4b9d-bb26-a6d083810698 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 1128/L of 1 |
| Decision Date |
Mar 13, 1996 |
| Hearing Date |
Nov 14, 1995 |
| Decision |
The Supreme Court held that the plea of surrender raised by Mst. Zohra Begum was of vital importance. The Trial Court had committed a material irregularity by failing to frame an additional issue regarding the question of surrender, which should have been addressed before passing any judgment. The High Court's decision to remand the case back to the Trial Court for further proceedings, including framing the additional issue and allowing evidence to be presented, was upheld. Consequently, the leave to appeal was refused, emphasizing the necessity for proper examination of the surrender plea and the need for judicial diligence in such inheritance disputes. |
| Summary |
This case revolves around a civil petition concerning the inheritance rights of the legal heirs of Muhammad Shafi. The primary dispute was between Mst. Zohra Begum and Mst. Saleema Shafi regarding the alleged surrender of inheritance rights by Mst. Saleema in favor of Mst. Zohra. The legal proceedings highlighted significant issues under the Civil Procedure Code and the Constitution of Pakistan, particularly the importance of addressing all relevant pleas during trial. The Supreme Court's decision to remand the case underscores the importance of judicial oversight in inheritance disputes, ensuring that all claims, especially those involving surrender of rights, are thoroughly examined. This case serves as a precedent for future inheritance and property disputes, emphasizing the need for meticulous legal representation and the role of the judiciary in protecting the rights of heirs in compliance with prevailing laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Shafi,
Mst. Saleema Shafi,
Mst. Zohra Begum
|
| Judges |
SAAD SAOOD, JAN,
MUHAMMAD ILYAS
|
| Lawyers |
Rais Tariq Chaudhry, Advocate Supreme Court,
Walayat Umar Chaudhry, Advocate-on-Record
|
| Petitioners |
others,
MUHAMMAD AKBAR
|
| Respondents |
others,
ZOHRA BEGUM
|
| Citations |
1998 SLD 1405,
1998 SCMR 724
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O.VI, R.17,
O.XIV, R.5,
Art. 185(3)
|