SHAHBAZ KHAN vs DOWLAT KHAN — 2026 SCMR 941 SUPREME-COURT

Case information

Citation: 2026 SCMR 941 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: SHAHBAZ KHAN vs DOWLAT KHAN
Subject matter: Civil

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

SHAHBAZ KHAN VS DOWLAT KHAN. O.XX, R.18---Partition of ancestral estate---Family settlement---Partial partition. Dispute between three brothers regarding partition of property inherited from deceased father consisting of four houses. One property remained undivided after family arrangement. Respondent filed suit for partition and separate possession which was decreed by Courts below. Held: Suit for partition of selected portion of joint property without determination of shares of all co-sharers and without inclusion of entire estate was not legally sustainable. In partition proceedings, Trial Court must determine shares of parties while passing preliminary decree under Order XX Rule 18 CPC. Failure to specify shares was material irregularity. Judgments and decrees of Courts below were set aside. Matter was remanded to Trial Court for decision afresh. Petition converted into appeal and allowed.

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