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The Succession Act permits Successive Applications for Certificates, allowing claimants to pursue omitted claims in Subsequent Proceedings and Bar of Order II Rule 2 CPC does not Apply --- Supreme Court of Pakistan

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Islamabad 13-01-2025: The Supreme Court of Pakistan has issued a landmark ruling clarifying the rights of unmarried daughters to claim family pensions under the amended Balochistan Civil Services Pension Rules, 1989. The decision was made in [Civil Petition No. 256-Q of 2020] filed by Mst. Anita Anam against the General Public and another.

The case revolved around the Petitioner’s entitlement to her late father’s family pension as the eldest unmarried daughter. The Petitioner’s initial claim was dismissed by lower Courts, including the High Court of Balochistan, on procedural grounds. However, the Supreme Court of Pakistan overturned these decisions, emphasizing the special provisions of the Succession Act, 1925, and the amendments made to the pension rules in 1999.

The Court held that the Succession Act, 1925, governs applications for succession certificates, providing a simplified procedure that overrides the procedural limitations of the Code of Civil Procedure, 1908 (CPC).

Under Rule 4.10(2) of the amended Pension Rules, the eldest unmarried daughter is entitled to receive the family pension until her marriage. If the eldest daughter marries or dies, the next eldest unmarried daughter assumes the entitlement.

The Court clarified that the Succession Act permits successive applications for certificates, allowing claimants to pursue omitted claims in subsequent proceedings.

The Supreme Court of Pakistan criticized the High Court for relying on the unamended Pension Rules, deeming this a material illegality.

The case was remanded to the Trial Court with directions to decide the matter within 60 days, ensuring swift Justice.

This decision reinforces the rights of unmarried daughters under pension rules, highlighting the Court’s commitment to ensuring gender equity and upholding procedural fairness. It also underscores the importance of applying amended laws to protect the rights of vulnerable groups.

The judgment serves as a precedent for similar cases involving succession certificates and family pensions, particularly where claimants have been dismissed on procedural technicalities.

The Petitioner’s father, a retired District Health Officer, passed away in 2008. Initially, the petitioner applied for a succession certificate limited to funds in the deceased’s bank account. However, when she filed a second application to claim the family pension, her plea was dismissed on the grounds of procedural limitations under Order II Rule 2 CPC.

This ruling by the apex Court overturns those dismissals, ensuring the petitioner’s claims are adjudicated fairly under the correct legal framework.