74/2015 S.M.A Mr Afia Baig w/o. Mirza Fawad Baig V/S (Petitioner) V/S Party-2 (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 14-OCT-16
(a) Counsel and client--- ----Affidavit by advocate---Scope---Lawyer is not supposed to take place of his client when seeking any substantial relief which the client wanted from the Court---Lawyer cannot swear affidavit of facts relating to circumstances of his client in which need for an order from Court of law was felt for the client even on the advice of lawyer---Such facts and circumstances can only be in the personal knowledge of the client when neither application nor affidavit in support of application is signed by client. (b) Succession Act (XXXIX of 1925)--- ----Ss. 273 & 372---Chief Court Rules (O.S.), Rr. 340, 376, 377 & 399---Letters of Administration and succession certificate---Amended petition---Seeking of surety---Object---Necessary ingredients---Widow of deceased owner of property in question died during pendency of petition and applicant did not file proper amended petition---Validity---On the death of widow of deceased owner, in amended petition for the share inherited by her, amended petition must disclose her legal heirs---Once all codel formalities were honestly completed and petition of letter of administration was granted, it would be duty of petitioner to administer properties of both deceased parents as per law which could include first mutation in the name of respective legal heirs and then it would be the choice of new owners by way of inheritance to deal with their respective individual shares in joint properties the way they could wish to, but in accordance with law---Grant of letter of Administration was always subject to the Rules---Purpose of obtaining sureties by Court in terms of Rr. 399 & 340 of Sindh Chief Court Rules (O.S.) was to ensure that petitioner would administer properties of deceased in accordance with law and honestly.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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