1740/2010 Suit MUHAMMAD ALI ABBAS (Plaintiff) V/S SYED HASSAN RAZA RIZVI (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 28-FEB-14
Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, O. II, R. 2, O. IX, R. 9 & O. XX, Rr.13 & 18---Succession Act (XXXIX of 1925), S.372---Administration suit---Limitation---Fresh suit on same cause of action---Rejection of plaint---Scope---Earlier suit for partition of same property was dismissed for non-prosecution wherein plaintiff was party---Plaintiff should have continued said suit in which claim was identical to the present one---Second suit on same cause of action and subject-matter was hit by the provisions of O.II, R.2 & O.IX, R.9, C.P.C.---Plaintiff was required to seek restoration of his earlier suit within the prescribed time under O.IX, R.9, C.P.C.---Decree under O.XX, R.13, C.P.C. read with O.XX, R.18, C.P.C. in a suit for partition/administration had distinct features---Limitation had estopped once the earlier suit for partition of estate of deceased was filed---Issue of inheritance could not be raised again and again between the same parties---Neither second suit for partition of estate of deceased nor second succession application under S.372 of Succession Act, 1925 could be filed---Plaintiff was not legal heir of the deceased as his mother who was alive at the time of opening of succession had excluded him from the legacy to claim share in the estate---No suit for administration of estate could be filed by someone who was not amongst the legal heirs of deceased at the time of opening of succession to claim anything by way of inheritance---Present suit for administration of estate of grandfather should be dismissed as grandson was not entitled to claim in the estate of grandfather---Mother of plaintiff had died after the death of her both parents and plaintiff had not claimed inheritance on the basis of son of pre-deceased daughter---Plaintiff could not claim anything from the estate of deceased in circumstances---Plaint was rejected accordingly. Muhammad Zahid through Legal Heirs v. Mst. Ghazala Zakir and 7 others PLD 2001 Kar. 83 ref. Aziz Ahmad and others v. Mst. Hajran Bibi and another 1987 SCMR 527; Mst. Khatoon and 3 others v. Siddiq Muhammad and another 1981 CLC 409 Md. Bazlur Rahman v. Syed Ali Pramanik PLD 1967 Dacca 809 rel.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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