Pakistan Case Law← Search
PLD 1994 Lahore 373

Sh. MUHAMMAD MUSHTAQ and others vs PUBLICATLARGE and others

CitationPLD 1994 Lahore 373
CourtLahore High Court
Case No.First Appeal from Order No,224 and Civil Miscellaneous Nos.1 & 2/C of 1993
Date1993-12-20
Judge(s)Gul Zarin Kiani
ResultOrder accordingly

ORDER

1. From the combined operation of sections 388 and 384 of the Succession Act, 1925, it dearly follows that where an order within the meaning of section 384 of the Act was passed by a Court inferior to that of the District Judge within the meaning of subsections (1) and (2) of section 388, then an appeal from an order granting, refuing or revoking a succession certificate passed by such Judge shall lie to the District Judge and not to the High Court. In the territory of Punjab, the Local Government has by a Notification in the official Gazette invested the subordinate Judges of the first and second class with the functions of a District Court The Notification is referred to in Rattan Singh and others v. Raj Singh and another AIR 1920. Lahore 497. In Jagram Das v. Mangal Das AIR 1917 Lahore 276, it was held that an appeal against an order of the Senior Subordinate Judge rejecting an application for succession certificate lies to the District Court and not to the High Court. Office brought to my notice a copy of Punjab Gazette, July 17, 1914 which contained Notification No,781 on the subject. Photo-copy is placed on file. Therefore, regardless of the limits of pecuniary jurisdiction, an order passed under the delegated authority under section 388 of Succession Act, 1925 by a Civil Judge was susceptible to an appeal to the District Jutige and not directly to the High Court. Upon this view, appeal is returned to the appellants for its representation to the Court of competent jurisdiction. 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.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search