2017 PLP 704 (SCMR)
AMINA BIBI and others — Appellants Versus ZAFAR IQBAL and others — Respondents
| Citation | 2017 PLP 704 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Saqib Nisar and Manzoor Ahmed Malik, JJ |
| Parties | AMINA BIBI and others — Appellants Versus ZAFAR IQBAL and others — Respondents |
| Primary Law | Islamic law |
Q1: What are the key laws and sections cited in 2017 PLP 704 (SCMR)?
This judgment primarily cites: Islamic law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 704 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Saqib Nisar and Manzoor Ahmed Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 704 (SCMR) (AMINA BIBI and others — Appellants Versus ZAFAR IQBAL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Kamil Hussain Naqvi, Advocate Supreme Court for Appellants.
- Gulzar Butt, Advocate Supreme Court for Respondents Nos. 1-6.
Headnotes / Summary
(Against the judgment dated 14.4.2005 of the Lahore High Court, Lahore passed in C.R. No. 1570 of 2001)
Non-appearance of plaintiff in the witness box
Effect
Plaintiff filed a suit claiming that she is the daughter of deceased and therefore was entitled to inherit his estate
Plaintiff died before the conclusion of the trial, thus she could not appear in the witness box
Overwhelming evidence was available on record to prove that plaintiff was the daughter of deceased
Such fact was also confirmed by the maternal nephew of deceased
Besides, there was no rebuttal of the birth certificate which had been brought on the record, duly exhibited and at that time no objection qua its proof was taken by the defendants
Non-appearance of plaintiff or her attorney in the witness box in such circumstances was not fatal to the case of the plaintiffs, because of the overwhelming oral evidence and also on account of the documentary evidence which had not been rebutted by the defendants
Suit filed by plaintiff had been rightly decreed by the High Court
Appeal was dismissed accordingly. Ghulam Muhammad and another v. Allah Yar and others PLD 1965 Lah. 482 ref.
Judgment & Decree
MIAN SAQIB NISAR, J.
After the death of Shah Muhammad, his inheritance was mutated in which Mst. Sardar Begum was shown as his daughter and entitled to his estate. However, the appellants who are the children of Shah Muhammad from Mst. Amina Bibi challenged the mutation and got it cancelled on the revenue side. On account of the above, Sardar Begum filed a suit claiming that she is the daughter of Shah Muhammad born out of the wedlock with Mst. Begum Bibi and therefore is entitled to inherit his estate. The suit was contested by the appellants. After trial, the learned Trial Court dismissed the suit. The appeal of the respondents also met the same fate. However, in revisional jurisdiction the learned High Court has come to the conclusion that the parentage of Mst. Sardar Begum has been proved through a birth certificate coupled with the statements of close relative(s) of the family and the persons who otherwise have the knowledge of such relationship, whereas the learned Courts below have ignored such evidence which is tantamount to misreading of the evidence and, therefore, while accepting the revision has reversed the decisions of the two courts below and decreed the suit. Leave in this case was granted to examine the effect of non-appearance of Sardar Begum or her attorney(s) in the witness box; suffice it to say that Mst. Sardar Begum had died before the conclusion of the trial, thus obviously she could not appear. As far as the other evidence is concerned there is overwhelming evidence to prove that she was the daughter of Shah Muhammad out of his wedlock with Begum Bibi. This is even so stated by the maternal nephew of Sardar Muhammad. This evidence is in line with the law laid down in the case reported as Ghulam Muhammad and another v. Allah Yar and others (PLD 1965 Lahore 482); besides, there is no rebuttal of the birth certificate which had been brought on the record, duly exhibited and at that time no objection qua the proof was taken by the appellants. In our view, in the facts and circumstances of the case, the non-appearance of Mst. Sardar Begum or her attorney(s) is not fatal to the case of the plaintiffs/respondents, because of the overwhelming oral evidence and also on account of the documentary evidence which has not been rebutted by the appellants. No case for interference, has been made out. Dismissed accordingly. MWA/A-17/SC Appeal dismissed.