| Case ID |
42d96000-60b4-4230-8fad-e6f22dfde6f0 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revisions Nos.1573, 1563 to 1565 of 2006 |
| Decision Date |
Nov 23, 2007 |
| Hearing Date |
Nov 21, 2007 |
| Decision |
The judgment of the Lahore High Court decided several civil revisions concerning inheritance claims made by the plaintiffs, who were the children of a pre-deceased daughter of Nawab. The court found that the plaintiffs had a rightful claim to inherit a 1/4th share in the estate of their father, despite the defendants' argument that a prior suit had barred the current claims under the Civil Procedure Code. The onus was on the defendants to prove the earlier suit's withdrawal, which they failed to do. As a result, the court decreed in favor of the plaintiffs, affirming their right to inherit without the limitation issue arising, as established by precedents in similar cases. |
| Summary |
This case revolves around the inheritance rights of children from a pre-deceased daughter in the estate of Nawab. The Lahore High Court addressed the legal complexities surrounding civil revisions related to inheritance claims, focusing on the implications of prior suits and the burden of proof. The plaintiffs contended that they were unjustly denied their rightful share, having been excluded from inheritance mutations. The court emphasized the importance of proving claims about previous legal actions and highlighted the settled principle that limitation does not apply in matters of inheritance. This case serves as a significant reference point for future inheritance disputes, particularly regarding the legal standing of heirs and the evidentiary requirements in civil proceedings. The ruling reinforces the necessity for clear evidence when asserting claims related to prior suits and the importance of recognizing the rights of heirs under prevailing laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Zia Ullah Khan Niazi,
M. Saleem Akhtar
|
| Petitioners |
5 others,
MUHAMMAD HUSSAIN
|
| Respondents |
7 others,
GHULAM QASIM
|
| Citations |
2008 SLD 660,
2008 CLC 224
|
| Other Citations |
1987 SCMR 527,
1995 CLC 1061,
PLD 1983 SC 344
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O.II,r.2,
O.XXIII,r.1,
S.12(2),
S. 42
|