Through this writ petition, the petitioner has challenged the order dated 18.6.2020 passed by the learned Additional District Judge, Isa Khel, District Mianwali whereby the civil revision filed by Respondent No. 2 challenging the order dated 2.3.2020 passed by the learned Civil Judge, Isa Khel, District Mianwali, accepting application of the petitioner filed under Rule 10 of Order I of the C.P .C. for becoming a party in the Succession Petition, was allowed.
2. Learned counsel for the petitioner states that the petitioner is real daughter of deceased Mst. Musarrat Nasim who died on 4.10.2019; that Responden t No. 2 filed the Succession Petition to the exclusion of the petitioner in which the petitioner filed application unde r Rule 10 of Order I, C.P.C. contending therein that she is daughter of the deceased Musarrat Nasim. The said application was allowed by the learned Civil Judge, Isa Khel, vide order dated 2.3.2020. Being aggrieved by the said order , Respondent No. 2 filed civil revision which was allowed by the learned Additional District Judge, Isa Khel throug h the impugned judgment whereby the order dated 2.3.2020 passed by learned Civil Judge was declared to be illegal, based on material irregularity and having jurisdictional defect and resultantly the application of the petitioner for being impleaded as a party in the Succession Petition, filed by Respondent No 2, was dismissed.
3. Learned counsel for the petitioner states that application of the petitioner has been rejected in violation of the law laid down by the Hon'ble Supreme Court of Pakistan in the case of Mst. Laila Qayyum v. Fawad Qayyum and others (PLD 2019) SC 449); that the learned ADJ has conveniently ignored the documentary evidence produced by the petitioner in support of her application under Rule 10 Order I of the C.P.C.; that maternity of the petitioner could not be questioned by Respondent No 2 in view of the law laid down by the apex Court in the case cited supra.
4. Learned counsel for Respondents No. 2 to 7 on the other hand reiterated the reasons stated in the impugned judgment.
5. Admittedly , the petitioner's application for impleadment was allowed by the learned Civil Judge on the basis of documents produced by her which included her school certificate and. NADRA record, which show that the petitioner is daughter of deceased Mst. Musarrat Nasim. Such documents could not be summarily rejected by the learned revisional Court to non-suit the petitioner . Further genuineness of the documents relied upon by Respondent No. 2 to question relationship of the petitioner with deceased Mst. Musarrat Nasim could also not to be accepted without proof in a trial. Reliance is placed on the cases of Mst. Shahnaz Begun and others v.
Additional District Judge and others (PLD 2021 Lahore 69) and Roshan Ara and others v. Abdul Karim and others (2020 CLC 1670 ).
6. For the reason stated hereinabove, this writ petition is allowed and the impugned judgment passed by the learned revisional Court is set-aside. Respondents No. 2 to 7 may approach the learned Civil Court for assailing the documents relied upon by the petitioner .