| Case ID |
e177c677-f27d-45be-b8ca-b64333a1ecc4 |
| Body |
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| Case Number |
Civil Revision No. 5941-M of 2004 |
| Decision Date |
Dec 02, 2013 |
| Hearing Date |
|
| Decision |
The revision petition was dismissed as it was devoid of merits. The Appellate Court correctly set aside the Trial Court's dismissal of the suit, which was based on misapprehension of law. The case revolves around inheritance rights among siblings, emphasizing that such rights cannot be negated by limitations or res judicata. The Court reinforced the importance of upholding Shariah law regarding inheritance, particularly for women, and highlighted the necessity for the trial court to consider the true facts of the case rather than relying on prior misrepresented decrees. |
| Summary |
This case revolves around the inheritance rights of siblings, specifically focusing on Mst. Khaista Bibi's claim against her brothers and sisters regarding her legal share in the legacy of their deceased father, Jamroz Khan. The case highlights the principles of inheritance under Shariah law, emphasizing that such rights cannot be defeated by limitations or the principle of res judicata. The Appellate Court's decision to remand the case for fresh consideration underscores the importance of accurate legal representation and the protection of women's rights in inheritance matters. The ruling reinforces that any collusive actions to undermine rightful claims are impermissible, and the courts have a duty to ensure justice is served. Key legal provisions cited include the Civil Procedure Code and Specific Relief Act, which guide the procedural aspects of such cases. The decision ultimately serves as a reminder of the courts' role in enforcing Islamic law and principles, particularly in matters of inheritance. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD DAUD KHAN, J
|
| Lawyers |
Muhammad Arshad Khan Yousafzai for Petitioner,
Sabir Shah for Respondent No. 3
|
| Petitioners |
Mst. SHAH ROOM,
Mst. KHAISTA BIBI
|
| Respondents |
Mst. SHAH ROOM,
Mst. KHAISTA BIBI
|
| Citations |
2014 SLD 2557,
2014 YLR 1193
|
| Other Citations |
Ghulam Ali and others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1,
Muhammad Zubair and others v. Muhammad Sharif 2005 SCMR 1217,
Rasool Bibi v. Waryam and 22 others 1992 SCMR 1520
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. VII, R. 11,
Ss. 12(2),
S. 11,
S. 42
|