783/2017 Suit Anees Vayyani (Plaintiff) V/S Mst. Zarina Vayyani & others (Defendant)
Bench: Hon'ble Mr. Justice Nazar Akbar
783/2017 Suit Anees Vayyani (Plaintiff) V/S Mst. Zarina Vayyani & others (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 15-AUG-17
Succession Act (XXXIX of 1925)--- ----Ss. 295 & 278---Civil Procedure Code (V of 1908), O.XX, R.13 & S.114---Succession---Procedure in contentious cases---Decree in administration suit---Nature of order under S.295, Succession Act, 1925---Conversion of proceedings under Succession Act, 1925 to a suit of administration under O.XX, R.13, C.P.C.---Preliminary decree---Scope---Orders passed in absence of legal heirs could not be treated as orders passed on "objections" in order to treat an application for letter for administration as contentious, which could only be converted into a suit if the objections filed were prima facie tenable and objectors were to be treated as defendants in terms of S.295, Succession Act, 1925---When there was neither "objections" nor "objectors" on record, order under O.XX, R.13, C.P.C. could not be passed.