Residuary
Residuary legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
After passing of final decree in suit for partition of the estate left by the owner after her death, respondent filed an application under S.12 (2) C.P.C. for setting aside of decree
Trial Court set aside the decree on the ground that respondent was entitled to inherit the estate of deceased owner as a residuary
Validity
Such finding of Trial .Court was not only against the express provisions of the Holy Quran governing succession to estate of the lady but was also violative of all available text on 'the subject
High Court set aside the order passed by Trial Court and dismissed the application under S.12 (2) C. P. C.
Revision was allowed in circumstances
Civil Procedure Code (V of 1908), S.12(2).
"Residuary", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124942206
Precedents & Case Laws citing "Residuary"
P L D 1967 Lahore 1214
Mst. ZIADAN AND ANOTHLR-Defendants-Appellants Versus MEHR DAD (DIED) REPRESENTED BY HIS HEIRS AND OTHERS Plaintiffs-Respondents
Court:P L D 2018 Islamabad 379
MUHAMMAD AHMED KHAN and others — Appellants Versus Mst. NASHID ANUM SHAHID and others — Respondents
Court: High Court2020 C L C 1864
MUHAMMAD TARIQ and others — Petitioners Versus SABIRA BIBI and others — Respondents
Court: IslamabadP L D 1993 Peshawar 117
AMIR AFZAL and 2 others‑‑‑Petitioners Versus GHULAM HAIDER and 2 others‑‑‑Respondent;
Court: ‑‑‑‑S. 1(2)‑‑‑Qanun‑e‑Shahadat (10 of 1984), Art. 129‑‑‑Inheritance to the property left by the deceased‑‑‑Doctrine of representation ‑‑‑Applicability‑‑ Plaintiff's plea, that propositus died in the year 1957 (before the promulgation of Muslim Family Laws Ordinance, 1961) remained unsubstantiated on record‑‑‑Best evidence qua the year of death of deceased would have been either his death certificate from the quarters concerned or at least his inheritance mutation‑‑‑Plaintiff having not brought such documents on record, presumption was irresistible that had those documents been produced same would have revealed that deceased had died under the domain of Muslim Family Laws Ordinance, 1961, whereby doctrine of representation had been enforced.‑‑Muhammadan Law.2004 M L D 1136
Mst. SARWARI BIBI‑‑‑Petitioner Versus Mst. ANWARI BIBI and others‑‑‑Respondents
Court: Lahore1989 M L D 1316
OMAR‑‑Petitioner Versus THE STATE Respondent
Court: Karachi2018 Y L R 2331
GHULAM HASSAN — Petitioner Versus Mst. WASSO MAI (deceased) through L.Rs. and others — Respondents
Court: Lahore (Multan Bench)2026 C L C 120
NOOR MUHAMMAD — Deceased Versus Ms. AMNA ASHFAQ — Petitioner
Court: Sindh2013 C L C 395
MUHAMMAD SULEMAN and others — Petitioners Versus PUBLIC-AT-LARGE and others — Respondents
Court: Lahore2011 C L C 1398
ABDUL SATTAR — Petitioner Versus Mst. NAHEED AKHTAR through her uncle Muhammad Hadayat and another — Respondents
Court: Board of Revenue Punjab