Case Law (Inheritance--Beneficiary of any transaction involving parda-nasheen and illiterate women had to prove that it was executed with free consent and will of the lady;--)

 2021 SCMR 19

(a) Inheritance.----

Parda-nasheen and illiterate women---

Beneficiary of any transaction involving parda-nasheen and illiterate women had to prove that it was executed with free consent and will of the lady; she was aware of the meaning, scope and implications of the document that she was executing: she was made to understand the implications and consequences of the same and had independent and objective advice either of a lawyer or a male member of her immediate family available to her---Onus to prove such requirements was squarely upon the beneficiary.

(b) Civil Procedure Code (V of 1908)--- ---O. I, R. 10---

Punjab Land Revenue Act (XVII of 1967), Ss. 41(3) & 42(3)---

Fraudulent mutations managed through impersonation and misrepresentation---Revenue Officials, impleadment of---Scope--- Impleading Revenue Officials in every case was not a rule of the thumb; it depended upon the peculiar facts and circumstances of each case and in the event the concerned Court came to the conclusion that Revenue functionaries needed to be impleaded to enable it to arrive at a just conclusion, appropriate orders could be passed giving the concerned party an opportunity to implead them---Revenue Officials could also be summoned by either side or if considered necessary even as Court witnesses---In the present case, irrefutable documentary evidence was placed on record in order to establish fraud and in the facts and circumstances of the case impleading of the Revenue officials was neither necessary nor essential for determination of the questions before the Court---Sufficient documentary as well as oral evidence was available to establish fraud and dislodge the mutations which had clearly been maneuvered on the basis of fraud, impersonation and misrepresentation---Petition for leave to appeal was dismissed and leave was refused.