SHAZIA JAFFAR vs GENERAL PUBLIC Ss — 2025 PLD 21 QUETTA-HIGH-COURT-BALOCHISTAN

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SHAZIA JAFFAR VS GENERAL PUBLIC Ss. 265, 272, 286 & 288---application for grant of Letter of administration---Contentious case---District Delegate, powers of---Scope---Contention (objection) raised in the application---Scope and effect---Succession appeal was filed against the order passed by the District Delegate whereby the application made by the respondent for grant of Letter of administration was allowed---Objection/contention of the appellants was that the respondent had divorced the deceased about 35 years back; as such, application made for grant of Letter of administration was unjustified and mala fide---Validity---Under S. 272 of the Succession act, 1925, the District Delegate may grant Letter of administration in an application for grant of the same, in which there is no contention---In the present case, there was contention of the appellant, as such, the District Delegate could not have granted Letter of administration under S. 286 of the Succession act, 1925---District Delegate can only deal with non-contentious matter; as soon as, caveat is entered and proceeding becomes contentious, he loses his jurisdiction and therefore, cannot grant Letter of administration---In contentious cases, S. 288 of the Succession act, 1925, provides procedure which prescribes two alternatives in contentious cases---District Delegate may either return the petition to the applicant in order that the same may be presented to the District Judge ,or the District Delegate may impound the petition and, in that case, he shall himself send the same to the District Judge---Section 288 of the Succession act, 1925, firstly, applies to all contentious cases, and secondly in doubtful cases, but in either case, the District Delegate has no jurisdiction to frame issues and proceed with the proceedings after contest---In the present case, appellants opposed the grant of Letter of administration to the respondent with the contention that the deceased/lady was divorced and, therefore, respondent could not be granted Letter of administration---District Delegate on submission of such contention ought to have, either returned the application to the respondent for presentation to the District Judge or should have by himself sent the same to the District Judge---District Delegate instead of doing that, proceeded to frame issues and granted the Letter of administration and exercised jurisdiction of District Judge which was not vested in him under the said provision---Thus, impugned order was simply void and liable to be set aside---District Delegate ought to have taken notice of S. 288 of the Succession act, 1925, however, he appeared to have overlooked the mandatory provision of S. 288 of the Succession act, 1925---High Court set-aside the impugned order passed by the District Delegate (Civil Judge) in application of Letter of administration and matter was remanded to the District Delegate with direction to deal with the said application strictly in accordance with S. 288 of the Succession act, 1925---appeal was disposed of accordingly.

SHAZIA JAFFAR vs GENERAL PUBLIC Ss — 2025 PLD 21 QUETTA-HIGH-COURT-BALOCHISTAN

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