| Case ID |
39afefad-a1ab-4a2d-a01b-048922bbe650 |
| Body |
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| Case Number |
C.A.No. 1027 of 1996 |
| Decision Date |
Nov 03, 2003 |
| Hearing Date |
Nov 13, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellants, affirming the decision of the Lahore High Court which had ruled in favor of the respondents. The Court held that the principle of res-judicata did not apply in this case as the previous court lacked jurisdiction to decide the claim based on the will. The findings of the High Court were deemed correct, and the appellants were not entitled to the share of land based on the will since it constituted a separate and independent claim that should be determined by a civil court. |
| Summary |
This case revolves around the application of the principle of res-judicata in matters of inheritance and will execution under the Rehabilitation Settlement Scheme. The Supreme Court of Pakistan upheld the Lahore High Court's decision that the earlier claims made by the appellants regarding inheritance were invalid due to jurisdictional issues. The will executed by Nabi Bakhsh in favor of the heirs of his pre-deceased son was recognized as a separate claim that could be adjudicated in civil court. This case highlights the importance of legal jurisdiction in inheritance claims and the proper execution of wills, particularly in the context of the Rehabilitation Settlement Scheme. Key legal terms include res-judicata, inheritance rights, and will execution, making this case significant for those studying property law and inheritance in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
IFTIKHAR MUHAMMAD CHAUDHRY,
RANA BHAGWANDAS
|
| Lawyers |
Ch. Hafeez Ahmad, ASC,
Mr. Abdur Rashid Awan, ASC
|
| Petitioners |
MUHAMMAD and others
|
| Respondents |
SARDAR MUHAMMAD and 21 others
|
| Citations |
2004 SLD 3187,
2004 PLJ 418
|
| Other Citations |
PLD 1968 Lahore 68
|
| Laws Involved |
Civil Procedure Code, 1908,
Constitution of Pakistan (1973)
|
| Sections |
S. 11,
Art. 185
|