The learned counsel for the petitioner contended that section 4 of the Muslim Family Laws Ordinance, 1961, by which the sons and daughters of the pre-deceased son of a deceased was declared entitled to the inheritance of the deceased, has been declared against the. Injunctions of Islam vide the judgment of the Federal Shariat Court reported as Allah Rakha v. Federation of Pakistan and others PLD 2000 FSC 1. He relied on 1990 SCM R 1677 and submitted that the case be remanded to the original Court for recording evidence of the parties, after framing the issues and for decision on merits.
2. The above-mentioned decision of the Federal Shariat Court in the light of the proviso to clause
(2) of Article 203-D of the Constitution of the Islamic Republic of Pakistan was not to take effect before the disposal of an appeal preferred to the august Supreme Court of Pakistan. As is mentioned in PLD 2003 SC 475, referred to by the learned District Judge in his order, dated 14-1- 2005, an appeal has been filed before the august Supreme Court of Pakistan against the said judgment. The provisions of section 4 of the Muslim Family Laws Ordinance, 1961, therefore, are still operative and shall remain operative until the appeal is disposed of by the august Supreme Court of Pakistan to the effect that the decision in the said judgment is confirmed.
3. In these circumstances, the heirs of Mula Khan son of Ayub Khan, who had pre-deceased his father, were entitled to the inheritance of Ayub Khan and the said inheritance has been acted upon.
4. In the light of the above legal position, I do not find any merit iniC the civil revision in hand, which I dismiss in limine.