Mrs. ANJUM MALIK vs Mst — 2025 CLC 1490 ISLAMABAD

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Mrs. ANJUM MALIK VS Mst. NEELOFER MALIK Ss. 17 & 21 & O. XVI, R. 14---Specific Relief act (I of 1877), Ss. 42 & 54---Succession act (XXXIX of 1925), S. 278---Suit for declaration, permanent injunction seeking administration, rendition of accounts, partition of several properties---Territorial jurisdiction---Scope---application for summoning/calling of record filed by the respondent/plaintiff was allowed by the Trial Court---Contention of the petitioners was that such an application could not be allowed as the Trial Court had no territorial jurisdiction to adjudicate upon the suit---Validity---Suit in the Trial Court was regarding the partition of several properties situated in the territorial jurisdiction of different Courts, thus, under S. 17, C.P.C. the Trial Court had jurisdiction to entertain and adjudicate upon the suit for partition relating to all properties because these properties would be considered as a portion of the suit property---Suit for partition of the suit property (a portion of properties required to be partitioned) was based upon the cancellation of gift deed and custodian of the record of the gift deed, who had also been arrayed as defendant, did not produce the record of the gift deed, thus, it was necessary to call the record of the gift deed so as to reach a just decision in the suit---Suit for administration could be instituted within the territorial jurisdiction of any Court where any part of the deceased's estate is located, which principle was well established under the law governing civil suits and succession matters---administration suit differs from a partition suit in legal scope and effect---While a partition suit primarily seeks the division of specific joint property among co-owners, an administration suit covers a broader scope, including the identification, valuation, management, distribution and settlement of liabilities of the deceased's estate in accordance with succession laws, thus, in view of the legal distinction between these two types of suits and the jurisdictional principles governing administration suits, the suit was rightly instituted within the appropriate jurisdiction, considering the location of the deceased's assets and the Trial Court lawfully assumed the jurisdiction---Under S. 21, C.P.C., an objection to jurisdiction must be raised at the earliest possible stage before the Trial Court and pursued diligently and in the absence of such persistent agitation, a party cannot later challenge the jurisdiction of the court after having willingly participated in the proceedings---Constitutional petition was dismissed, in circumstances.

Mrs. ANJUM MALIK vs Mst — 2025 CLC 1490 ISLAMABAD

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