AMINA BIBI vs PROVINCE OF PUNJAB through Distrcit Collector, Sahiwal O

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AMINA BIBI VS PROVINCE OF PUNJAB through Distrcit Collector, Sahiwal O. VII, R. 11 & S. 12(2)---Specific Relief act (I of 1877), Ss. 42 & 54---Withdrawal of suit---Scope---Gift by father/donor in favour of sons to the exclusion of daughters---Rejection of suit for declaration with permanent injunction filed by the daughters/petitioners on the ground of withdrawal of suit earlier filed by the donor challenging the mutation of gift on the ground of fraud and misrepresentation---Mental capacity of donor---Determination---Conversion of proceedings---Scope---Objection as to maintainability of second suit on the ground of withdrawal of earlier suit raised by the donees/respondents was rejected by the trial court, but the same was accepted by the revisional court---Validity---Donor died on same day when his statement was recorded for withdrawal of the suit which raised serious doubt as to his mental and physical condition, to record any statement of his free will and consent---Counsel for the petitioners and the petitioners themselves were present on the date of proceedings, who seriously objected that the donor was not in a position to record his statement as he was mentally and physically feeble, thus, his statement could not be recorded but despite that the proceedings were held which gave rise to the question as to whether the court was not under an obligation to seek medical assistance in the matter before recording the statement of donor to verify his soundness of mental condition, particularly, when it was pointedly disputed by the petitioners---Oral gift was challenged on the grounds of fraud and misrepresentation by the petitioners whose case was that everything was done by the brothers fraudulently to deprive the sisters of right of inheritance and in such cases every effort should be made to avoid technicalities and decide the cases on merits---Court was competent to convert the plaint in a suit into an application under S. 12(2), C.P.C. and vice-versa provided just and fair circumstances in the case permitted to do so for effective dispensation of justice---Order passed by the revisional court was set aside and the case was remanded to the trial court for decision of question of maintainability of the suit in accordance with law---Constitutional petition was allowed, in circumstance.

AMINA BIBI vs PROVINCE OF PUNJAB through Distrcit Collector, Sahiwal O — 2025 CLC 2048 LAHORE-HIGH-COURT-LAHORE

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