RAZIA BIBI vs ADDITIONAL DISTRICT JUDGE S — 2026 CLC 546 LAHORE-HIGH-COURT-LAHORE

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RAZIA BIBI VS ADDITIONAL DISTRICT JUDGE S.12(2)---Qanun-e-Shahadat (10 of 1984), Art.47---Application under S.12(2), C.P.C---Petitioner claiming to be widow of the deceased---Declaration decree obtained by children of deceased after his death---Petitioner/widow not impleaded in the suit---Effect---Courts below relied on testimony rendered in earlier judicial proceedings---Permissibility---Inadmissibility of such evidence against non-party---Non-framing of issues by courts below in S.12(2), C.P.C. application where facts were disputed---Remand of case in circumstances---Facts: The petitioner (claiming to be the widow of deceased) filed an application under S.12(2) C.P.C. to set aside the judgment and decree passed in a suit for declaration filed by the deceased's children (respondents Nos. 3 to 8) against "public at large" wherein the suit was decreed; the petitioner's section 12(2) application was dismissed and her revision was also dismissed by the District Court; findings of both the courts below were drawn from the statements/evidence of the deceased and his witnesses recorded in the earlier jactitation-of-marriage proceedings filed by respondent No.9/mother of respondents Nos.3 to 8; petitioner filed present constitutional petition challenging both concurrent orders---Issue: "Whether the evidence recorded in the earlier suit for jactitation of marriage could legally be pressed into service against the present petitioner, who was neither a party to those proceedings nor afforded any opportunity of cross-examination?"---Held: In the present case, none of the mandatory pre-conditions for use of earlier recorded testimony in subsequent proceedings stood fulfilled---The petitioner was neither a party to the suit for jactitation of marriage nor afforded any right or opportunity to cross-examine the deceased or his witnesses---Furthermore, the issues involved in the said proceedings were materially distinct from the controversy arising in the application under S.12(2), C.P.C.---Consequently, the evidence recorded in the earlier proceedings was wholly inadmissible against the petitioner and could not legally form the basis for adjudication of her rights---The courts below, therefore, committed a manifest error of law by treating such evidence as determinative, in clear disregard of the statutory mandate contained in Art.47 of the Qanun-e-Shahadat, 1984---The omission to implead the present petitioner, who claimed to be the widow of deceased at the time of his death, became significant and prima facie indicative of material concealment---Such selective impleadment, in a suit directly concerning declaration of legal heirship and inheritance rights, struck at the root of fair adjudication and attracted the mischief contemplated under S.12(2), C.P.C.---The controversy squarely involved disputed questions of fact, which could only have been resolved through proper framing of issues and recording of evidence of the contesting parties---Impugned orders were set aside and matter was remanded to Trial Court---Constitutional petition was allowed, in circumstances.

RAZIA BIBI vs ADDITIONAL DISTRICT JUDGE S — 2026 CLC 546 LAHORE-HIGH-COURT-LAHORE

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