Erred while ignoring doctrine of “Radd” or “rule of exclusion”, whereby the latters/remote were to be excluded by the full sister being nearer

 2. Ch. Ehsan ul Haq Virk, Advocate, learned counsel for the petitioners while relying upon Saadullah and others Vs. Mst. Gulbanda and others (2014 SCMR 1205) and quoting verses of Sura An-Nisa interpreted by Peer Muhammad Karam Shah, an eminent religious scholar submitted that petitioner/plaintiff being full sister of the propositus under Para 65 of the Muhammadan Law of D.F. Mulla falls at serial No.6 of the residuary table, whereas the full brother’s sons to whom inheritance was also shared are figuring at serial No.9, but both the Courts below erred while ignoring doctrine of “Radd” or “rule of exclusion”, whereby the latters/remote were to be excluded by the full sister being nearer.

Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE.

Civil Revision
3109-11

2017 LHC 4565