Syed ABDUL GHAFOOR And Others vs Syed GHULAM ABBAS And Other
This petition for leave to appeal arises from a judgment of the Lahore High Court, which dismissed the petitioners' Civil Revision. The underlying dispute originated from a suit filed by the petitioners challenging an arbitration award dated 11-1-1973. This award, concerning the inheritance of the predecessor-in-interest of the petitioners, had been made a rule of the court after objections raised by the predecessor were rejected. The Civil Judge, Gujranwala, had initially passed a decree, which was subsequently affirmed by the District Judge in appeal. Upon hearing the arguments presented by the learned counsel for the petitioners, the Supreme Court granted leave to appeal. The core legal question identified for consideration by the Court is whether, in a matter involving the inheritance of a Muslim, it is legally permissible to refer the dispute to an arbitrator for resolution. The Court condoned a one-day delay in filing the petition and directed that the appeal be prepared on the existing record, while granting parties the liberty to file additional documents.
- Can a dispute regarding the inheritance of a Muslim be legally referred to an arbitrator for resolution?
ORDER
1. S. USMAN ALI SHAH, J.---This petition for leave to appeal has arisen from the judgment of the Lahore High Court dated 1-6-1985, wherein the petitioners' Civil Revision No. 294-D of 1985 arising out of the judgment and decree passed by Civil Judge, Gujranwala 27-2-1980 which were affirmed in appeal by the District Judge on 28-11-1984, was dismissed by the impugned judgment. The original suit was riled by the plaintiffs/petitioners against the award dated 11-1-1973, given by Sh.
2. Muhammad Naseem, Advocate, Gujranwala, as Arbitrator, which was made rule of the Court and the objection thereto filed by Mst. Akhtar Begum deceased predecessor-in-interest of petitioners Nos. 1 to 11 and petitioners Nos.12 to 23 was rejected.
3. After having heard the learned counsel in support of this petition, leave to appeal is hereby granted to consider whether in a case of inheritance of a Muslim, such arrangement, to refer the matter to an arbitrator, can be made. ` Security is Rs. 5,000.
4. Delay of one day is condoned. Appeal is to be made ready on the present record. However, the parties arc at liberty to file additional documents, if any. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 2 cases
- NAZ MUHAMMAD vs DIRECTOR-GENERAL, FEDERAL INVESTIGATING AGENCY 2007 PLC (C.S.) 1204
- Naz Muhammad vs Director-General, Federal Investigating Agency (FIA), Islamabad And Another K.L.R. 2007 Labour'& Services Cases 107