Administrative suit

2022 CLC 2101 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S.278Administrative SuitScope

Scope of administrative suit was for the administration of estate involving declaration of title and status.

2017 PLD 486 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 372Civil Procedure Code (V of 1908), Ss. 114 & 151Administrative suitReview of order-Inherent powers of High CourtAct of Court

High Court directed to convert Succession Miscellaneous Application (SMA) into administrative suit but later on said application was dismissed for not impleading proper legal heirs

Validity

Once the Court competently ordered conversion of proceedings from SMA to administrative suit, then direction in former proceedings would lose its value and weight and things were to proceed as per procedure, provided for later (converted) proceedings

Suit for administration could not be dismissed simply for the reason that there could also be some other legal heirs, not made party in suit

Inquiry in such regard could competently be done within the scope of administrative suit

Such was an inadvertent mistake of Court which should not result in prejudicing anybody

Order converting SMA into administrative suit held the field and at the time of subsequent order i.e. dismissal of SMA if it would have been pointed out so that such subsequent order could not have passed

Bona fide inadvertent mistake even of Court could always be corrected/ratified by exercising powers provided by S.114, C.P.C. coupled with inherent jurisdiction within the meaning of S.151, C.P.C., which was meant for the ends of justice or to prevent abuse of the process of Court

Administrative suit was restored in circumstances.

2003 MLD 898 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Suit for administration of estate and rendition of accounts

Owner of property died issueless leaving behind a widow, one brother and four sisters as his legal heirs entitled to inherit his estate in accordance with Islamic Law of Inheritance

Brother and sisters of deceased filed a suit seeking administration of estate of deceased comprising of land together with residential house constructed thereon and also sought rendition of accounts

Widow of deceased resisted suit contending that one-half of the said property was conveyed to her by way of gift executed by her deceased husband during his lifetime

Hibanama produced by defendant widow in proof of her claim with regard to gift of half of property in her favour, had been proved to be true

Plaintiffs also had not disputed said claim of defendant widow

Plaintiffs, in circumstances, could not have any claim in respect of said one-half of property of deceased

Defendant widow had also claimed that other half of property of deceased had also stood vested in her as deceased before his death had also executed a registered document which though was termed as `Wasiatnama',but in fact was a gift in her favour

Said document was executed on Rs.10 Stamp Paper and was registered and contents of said Wasiatnama had clearly shown that it could not by any stretch of reasoning, be construed as a gift in favour of defendant widow

Trial Court held plaintiffs entitled to 3/4th of mesne profits of property 6f deceased mentioned in said Wasiatnama

Trial Court had given that finding even though according to Trial Court itself plaintiffs had not produced any evidence to support their claim

Said finding of Trial Court was reversed in appeal by Appellate Court, but finding of Trial Court that deceased was owner of suit property at time of his death, was upheld in appeal by Appellate Court.

2002 YLR 3868 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Suit for administration of property of deceased and mesne profitsMaintain abilityShares under Islamic Law

Allottee and transferee of suit properties died issueless leaving behind his widow and a brother as his successors-in-interest

Widow of deceased transferred one house through registered sale-deed and bequeathed the other in favour of Anjuman Islamia

Brother of deceased filed suit for administration of property of his deceased brother and mesne profits

Maintainability

Remedy of suit for administration was the most appropriate remedy for distribution of assets of deceased among his heirs and to take account of properties and to settle same upon heirs in accordance with their respective shares under Islamic Law

Suit was rightly decreed by Courts below entitling brother of deceased to the extent of 3/4 in estate of deceased and widow to the extent of 1/4 share in property of deceased

Even if form of suit to challenge sale-deed executed by widow of deceased in respect of properties of deceased in favour of subsequent transferees, was not proper, but result of any litigation in any other form of suit would not materially change the nature of factual findings qua shares between parties entitling brother to 3/4 share in estate of deceased and 1/4 share to widow of deceased

Interference in concurrent judgments and decrees of Courts below owing to technicality of form of suit, would not advance cause of justice because there was no likelihood of a result on merits different from findings set down by Courts below in the case and it would be unjust to relegate parties to another round of litigation on same subject matter and same issues as involved in litigation which had already consumed about 30 years.

1993 CLC 31 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Administrative suit Question of independent title claimed by heir

Such question is required to be determined by initiating independent proceedings and not in an administrative suit.