2013 PLP 339 (CLC)

??????????? FAROOQ ALI CHANNA, J.

Through? instant? application? the? petitioner? seeks? the? amendment? in? the? petition? impleading? the names of legal heirs of deceased Mst. Nargis Bano and deceased Muhammad Anis. 2.???????? Briefly stated the facts of the case are that the petitioner filed the S.M.A. under section 278 of Succession Act. 1925 in respect of debts and securities belonging to deceased Muhammad Ayub, who left behind the following legal heirs:

(i)???????? Muhammad Anis.???????? ??????????? Son. (ii)??????? Muhammad Shafiq??????? ??????????? Son. (iii)?????? Mrs. Kulsoom Bi????????? ??????????? Daughter (iv)?????? Mrs. Nargis Bani.???????? ??????????? Daughter (v)??????? Muhammad Ilyas (late) Son through His legal heirs: (a)??????? Ikhlas Ahmed.????????????? Grand son (b)??????? Javed Ahmed?????????????? ??????????? Grand son (c)??????? Shahid Ilyas????????????????? ??????????? Grand daughter (d)??????? Mrs. Rehana Shakeel??? ??????????? Grand daughter (e)??????? Mrs. Naseema Asif?????? ??????????? Grand daughter (f)???????? Mrs. Naseem Ibrahim.? ??????????? Grand daughter 3.???????? After observing the formalities required under the law the S.M.A. was allowed and the letter of administration was ordered to be issued subject to rules. However, before issuance of letter of administration two legal heirs of deceased Muhammad Ayub namely Muhammad Anis and Mrs. Nargis Bano at Serial Nos.1 and 4. mentioned hereinabove also died leaving behind Mrs. Rehana Anis by deceased Muhammad Anis and Shamim Ahmed, Safdar Imran and Kamal Faheem by deceased Mrs. Nargis Bano. 4.???????? Learned Advocate for the petitioner was required to satisfy this Court as to maintainability of the application for amendment in a disposed of petition. Learned counsel has argued that at the time of hearing of main petition all the legal heirs were present and the order of issuance of letter of administration was passed subject to rules. However, due to non-compliance of the rules, which was condition precedent for grant of letter of administration, it has not yet been issued. In the meanwhile the two legal heirs of deceased Muhammad Ayub, as mentioned hereinabove, expired and in such circumstances the letter of administration cannot be issued without impleading the legal heirs of above said two deceased. In support of his contention learned counsel has relied upon a case of Rehmat Mehmood v. Tariq Rasheed and others reported as PLD 1993 Kar.

619. He has further contended that since the letter of administration has not been issued, therefore, the S.M.A. may be treated as pending and not disposed of matter. 5.???????? 1 have considered the arguments and perused the case-law relied upon by the learned counsel for the applicant. Contention of the learned counsel for the petitioner that since the letter of administration has not been issued, therefore the petition may be treated as pending, appears to be incorrect, rather in contravention of Law and procedure. The petition was allowed vide order dated 26-11-2008 and letter of administration was ordered to be issued subject to rules. Such order on the succession petition was a final and conclusive order for all legal purposes, issuance of letter of administration would be mere compliance of the said order without obtaining any further orders by the Court in this regard. As such, it cannot be said that the petition remains pending till letter of administration/succession certificate is actually issued. I am of the views that no amendment in the pleadings can be allowed in a disposed of matter. It is not permissible under the law of succession that a common petition be entertained for grant of a succession certificate/letter of administration pertaining to the assets of more than one deceased person, irrespective of the fact that the assets are inherited by them from same person. Under the Succession Act an amendment or addition is permissible in case of subsequent discovery regarding any other estate of the deceased which could not be mentioned in the original succession petition. In case of death of any of the legal heir of the deceased before issuance of the letter of administration or succession certificate the legal heirs of such person cannot be made party or be substituted in place of actual legal heir. A fresh application for issuance of succession certificate/letter of administration is required to be filed by the legal heirs in respect of the estate left behind by the person who has died after the? orders? have? been? passed? by? the? Court,? wherein? all? the? claim over the estate left behind by such person including his share as determined by the Court while granting the letter of administration/ succession certificate in respect of the estate of his predecessor, can be made in accordance with law. The case-law relied upon by the learned counsel for applicants is distinguishable from the facts of the present matter, therefore, the same with profound respect is not applicable to the instant application. 6.???????? In? view? of? hereinabove? factual? and? legal? position? the application? for? amendment? in? the? pleadings? in? a? disposed? of? matter? is? not? maintainable? and? is? accordingly? dismissed.? However, the legal heirs? of? Muhammad? Anis? and? Mrs.? Nargis? Bano? would be at liberty to apply for a fresh succession certificate/letter of administration for the debts and securities belong to them, in accordance with law. KMZ/M-131/K?????????????????????????????????????????????????????????????????????? Application dismissed.