| Case ID |
eb86bf60-c9f8-4221-b460-e34672d0a0ef |
| Body |
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| Case Number |
First Appeal from Order No. 224 add Civil Miscella |
| Decision Date |
Dec 20, 1993 |
| Hearing Date |
|
| Decision |
The court determined that an appeal against the rejection of an application for a Succession Certificate must be directed to the District Judge rather than the High Court. This decision was based on the interpretation of sections 384 and 388 of the Succession Act, 1925, which stipulate that orders passed by inferior courts are to be appealed to the District Court. The court emphasized that the Punjab Government Notification No. 781 dated 17-7-1914 had vested subordinate Judges with the functions of a District Court, thereby establishing the appropriate forum for appeals in such matters. Consequently, the appeal filed directly in the High Court was returned for presentation to the competent jurisdiction. |
| Summary |
This case revolves around the interpretation of the Succession Act (XXXIX of 1925), specifically concerning the procedures for appealing decisions related to Succession Certificates. The Lahore High Court ruled that appeals against decisions made by civil judges regarding such certificates must be directed to the District Judge. This ruling is significant as it clarifies the jurisdictional boundaries and procedural requirements within the Punjab region. The court referenced previous cases to support its decision, highlighting the importance of adhering to established legal frameworks when dealing with matters of succession. The implications of this ruling are critical for practitioners and individuals navigating the complexities of succession law, underscoring the necessity for proper legal counsel and understanding of jurisdictional nuances. Key terms include Succession Certificate, District Judge, and appeals process, which are pivotal for legal professionals and individuals involved in succession matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GUL ZARIN KIANI, J
|
| Lawyers |
Muhammad Amin Lone
|
| Petitioners |
Sh. MUHAMMAD MUSHTAQ and others
|
| Respondents |
PUBLIC-AT-LARGE and others
|
| Citations |
1994 SLD 1497,
1994 PLD 373
|
| Other Citations |
Rattan Singh and others v. Raj Singh and another AIR 1920 Lah. 497,
Jagram Das v. Mangal Das AIR 1917 Lah. 276
|
| Laws Involved |
Succession Act (XXXIX of 1925)
|
| Sections |
384,
388
|