Mst. KHANAM BIBI vs Mst — 2022 YLR 664 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 664 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: Mst. KHANAM BIBI vs Mst
Subject matter: Civil
Provisions referred to: Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. KHANAM BIBI VS Mst. FOZIA BIBI O. II, R. 2, O. VII, R. 11 & O. IX, R. 9---Inheritance---Suit for declaration---Application of respondents/defendants for rejection of plaint under O. VII, R. 11 of Civil Procedure Code, 1908 was allowed by Trial Court---Appeal of petitioner/plaintiff was dismissed by appellate Court---Validity---Earlier suit of petitioner was dismissed for non-prosecution---Cause of action in said earlier suit was qua the gift deed whereunder petitioner's mother/deceased had gifted only 1/3 of her share in suit property for religious purpose---Remaining 2/3 was also retained by petitioner claiming entitlement thereof---Order IX, R. 9 of C.P.C. was not applicable to the case---Petitioner's cause of action for her rights in the remaining 2/3 share did not accrue to her at the time when her earlier suit was filed/dismissed for non-prosecution---Order II, R. 2 of C.P.C. was not applicable to the case---At the time of institution of earlier suit, cause of action qua 2/3 shares was not available to petitioner and plaint was not hit by O.VII, R.11 of C.P.C.---Revision petition was allowed accordingly. Head NotesCase Description

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