42/2000 Civil Revision Atta Muhammad Rajper and others (Applicant) V/S Ali Dino Rajper and others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author)
42/2000 Civil Revision Atta Muhammad Rajper and others (Applicant) V/S Ali Dino Rajper and others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author) Order Date: 14-JAN-22
In cases of inheritance where the share of sisters and daughters is excluded to the benefit of male family members by way of some deed or compromise;the same has to be looked into with utmost care and with suspicion as and when the same is under challenge by the female members of the family, unless proved otherwise to the fullest extent. The onus in such cases is always upon the parties who seek support from any such document when the matter is before the Court in respect of shares of the female legal heirs of a family. Vulnerable women are also sometimes compelled to relinquish their entitlement to inheritance in favour of their male relations Dismissal of Suit for Non prosecution and filing of second suit. under Order IX Rule 4, two options are given to an aggrieved person; one by filing a fresh suit and the other with a prayer for setting aside the dismissal If the suit was dismissed under rule 3 of Order IX, C.P.C. Rule 4 enables the Court to restore the Suit; and if no application is filed, the subsequent Suit is not barred under the provision of rule 4