Summary: In cases of inheritance where the share of sisters and daughters is excluded to the benefit of male family members by way of some deed or compromise;the same has to be looked into with utmost care and with suspicion as and when the same is under challenge by the female members of the family, unless proved otherwise to the fullest extent.The onus in such cases is always upon the parties who seek support from any such document when the matter is before the Court in respect of shares of the female legal heirs of a family.Vulnerable women are also sometimes compelled to relinquish their entitlement to inheritance in favour of their male relationsDismissal of Suit for Non prosecution and filing of second suit.under Order IX Rule 4, two options are given to an aggrieved person; one by filing a fresh suit and the other with a prayer for setting aside the dismissalIf the suit was dismissed under rule 3 of Order IX, C.P.C. Rule 4 enables the Court to restore the Suit; and if no application is filed, the subsequent Suit is not barred under the provision of rule 4

Summary: [Civil Procedure Code CPC (Order 20 Rule 13 CPC)] Keeping in view the above position, discussion and case law cited above, the suit of the plaintiffs is decreed to the extent of Mukaram Market constructed on Plot No. R-50, Sector 5-C/4, Karachi consisting with one house and 07 shops which is mutated in the name of deceased Mst. Shahida Begum, which supports the plaintiffs plea and direct the final decree be prepared accordingly. Nazir of this Court who has already been appointed as Commissioner is to act as an Administrator of Mukaram Market left by deceased Mst. Shahida Begum. The expenses will be met from the assets left by deceased Mst. Shahida Begum. The property is not partition-able horizontally or vertically to sell the same and distribute the shares amongst the legal heirs of deceased Mst. Shahida Begum. I therefore, pass decree as provided under Order 20 Rule 13 CPC read with Form-18 of Appendix-D to Schedule-1 of the Code of Civil Procedure and appoint Nazir of this Court as Receiver with all powers to auction the said property. The plaintiffs and Defendants are allowed to participate in the same proceedings, distribute the sale price amongst all the Plaintiffs and defendants according to Mohammadan Law of Inheritance.