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ABDUL KADER vs SULEMAN Ss — 2022 PLD 527 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PLD 527 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PLD
Parties
ABDUL KADER vs SULEMAN Ss
Subject matter
Civil
Provisions referred to
Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL KADER VS SULEMAN Ss. 278, 299 & 384---Civil Procedure Code (V of 1908), O. VII, R. 10---Letter of administration---Pecuniary jurisdiction---Return of application---Scope---Appellants assailed order passed by District Judge whereby applications filed by them were returned to them under O. VII, R. 10, C.P.C. for presentation before the Court having pecuniary jurisdiction---Validity---Appellants had filed separate applications and not a joint application, and the entire subject property was not the subject matter of any of the applications as the appellants had sought the Letters of Administration only in respect of the share left by each of the deceased---Every deceased having a separate and distinct share in the subject property falling within the pecuniary jurisdiction of the Trial Court, each of their respective legal representatives was entitled to file a separate application, particularly when there was no bar in law that separate applications in respect of separate and distinct shares or portions in the same property could not be filed---Separate applications could be filed before the Court having the pecuniary jurisdiction to the extent of the said shares of each of the deceased---Impugned orders were set aside and the applications were remanded to the Trial Court with the direction to decide the objections filed therein by all the objectors.

Other judgments reported in 2022 PLD

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