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Petitioner: SEMUAL And Others VS Respondent: PIARA MASIH And Other
Court Name: Supreme Court of Pakistan Judge(s): Sh. Riaz Ahmad, Muhammad Ilyas Title: SEMUAL And Others vs PIARA MASIH And Other Case No.: Civil Petition No. 1311-L 6f 1995 Date of Judgment:1996-03-05 Reported As: 1997 SCMR 1172 Result: Order accordingly
Judgment ORDER Learned counsel for the petitioner contends that in view of subsection (2) of section 29 of the Pakistan Succession Act, 1925, which is a saving provision, succession in the present case will be governed by section 21(b) of the Colonization of Government Lands (Punjab) Act, 1912, and not by section 37 of the Pakistan Succession Act, 1925. He also submits that the said argument was not specifically raised in the case reported as PLD 1992 SC 385 (Mst. Inayat Bibi v. Issac Nazirullah and others) which has been relied upon by the learned High Court in the impugned judgment. Leave is, therefore, granted to examine the said plea. 2. Since the cited case was decided by a Full Bench, the appeal in this case may be placed before a Bench consisting of three or more Hon'ble Judges of this Court, after seeking kind orders of the Hon'ble Chief Justice. 3. Stay order already issued on 28-11-1995 shall continue till the final disposal of this matter.