223/2017 S.M.A Mrs. Najma Sultan (Petitioner) V/S Party-2 (Defendant)
Bench: Hon'ble Mr. Justice Nazar Akbar
223/2017 S.M.A Mrs. Najma Sultan (Petitioner) V/S Party-2 (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 13-SEP-17
Succession Act (XXXIX of 1925)-- ----Ss. 278 & 372---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Succession certificate---Interim injunction, grant of---Bank account not belonging to deceased---Legal heirs of deceased filed application to restrain account holder from the operation of Bank account in question which was neither in the name of deceased nor the account holders were amongst legal heirs of the deceased---Validity---Inclusion of names of holders of account in succession petition was against the mandate of S. 372(1) of Succession Act, 1925---Bank account which was not operated by deceased could not be part of debts and securities of deceased---Court, in succession matters, was not supposed to declare that Bank account of a third party was an account of deceased without recording of evidence---Only the legal heirs of deceased could be made party in succession matters and that too if they had no dispute even inter se---Interim injunction was refused in circumstance.