Suit for administration

In suit for partition earlier a preliminary decree was drawn and in compliance of that order Official Assignee was appointed as administrator of properties left by deceased owner

Thereafter a settlement decree was drawn in terms of settlement reached between the parties and the same was forwarded to Official Assignee for further compliance

Effect

Direction of Court for "further compliance" denoted that further proceedings i.e. transfer of suit property and distribution of sale proceeds amongst legal heirs of deceased in accordance with Sharia, were required to be taken effect before the suit could be completely disposed of

Compromise decree in continuation of earlier preliminary decree embodying terms of compromise as its part in the suit for administration, was in the nature of preliminary decree and it was required to be made final in due course

No execution application was required to be filed by parties to execute the later decree, in respect thereof Court had already directed Official Assignee for compliance of that decree

Application was allowed accordingly.

Administration suit would not be barred on point of limitation nor it could fail on the count that person filing such stand, how low-so-ever in pedigreee of deceased, whose estate was sought to be administered

Term 'heir' was not restricted to son/daughter alone rather ultimate object of administration of deceased's estate was to give due to heirs, entitled.