SHAHEEN ALAM vs Mst — 2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: SHAHEEN ALAM vs Mst
Subject matter: Civil
Provisions referred to: S. 10---S; Succession Act

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

SHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.10---Stay of suit---Difference in cause of action---Scope---Plaintiffs filed a suit for declaration and cancellation regarding suit property---Defendants filed an application under O.VII, R.11, C.P.C.---Application filed by defendants was dismissed, however, the Trial Court stayed the suit till disposal of earlier suit filed before High Court of Sindh regarding suit property---Revisional Court remanded the case back to the Trial Court with direction to proceed with the case in accordance with law---Validity---Suit filed by plaintiffs in the High Court of Sindh was an administrative suit filed under the provisions of Succession Act, 1925---Cause of action of that suit was of distribution, partition and equal apportionment of legal shares between the legal heirs---Suit filed by plaintiffs before the Civil Court was a regular suit for immovable property and it was alleged that the property was illegally transferred through forged and fake power of attorney---Cause of action of the present suit was quite different from the suit pending before the High Court of Sindh---Constitutional petition was dismissed.

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