Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---O. XX, R. 13--Law Reforms Ordinance (XII of 1972), S.3-Intra-Court Appeal--Administration suit--Maintainability---Scope---Gift in favour of legal heir--Plaintiff claimed that property in question was gifted in her name by deceased in his life time, therefore, it did not stand in his name at the time of his death and could not be questioned in administration suit-Plea raised by defendant was that since gift in question related to a matter that was among the heirs, validity of 8ift could be determined in administration. suit---Validity--Nature of administration suit was limited, inasmuch as it was intended only to settle issues and matters among the sharers-When such considerations were balanced, the proper test to establish whether the determination lay within the scope of an administration suit or beyond which was: if determination did not disturb inter se position of sharers and affect all sharers equally, then the question would lie outside the scope of administration suit-If however, determination affected and upset inter se position of sharers and might give one or more of the heirs advantage over the others, then the question would lie within the scope of administration suit and it was immaterial whether alienation sought to be challenged was by way of registered instrument or otherwise---Preliminary decree passed by Trial Court was set aside and case was remanded to Trial Court for a decision on the issues pertaining to gift of property in question made in favour of plaintiff by the deceased in his lifetime---Intra-Court Appeal was allowed accordingly. Ghazala Zakir v. Muhammad Khurshid and others 1997 CLC 167; Muhammad Younus Qureshi and others v. Mrs. Feroze Qureshi and others 1982 CLC 976 and Yusuf v. Zubeda and others 1984 MLD 590 dissented. Ghulam Jilaniand others v. Abdul Kadir and others 1996 CLC 1847 and Muhammad Bibi and others v. Abdul Ghani and others PLD 1975 Kar. 979 approved. Syed Mehdi Hussain Shah v. Shandoo Bibi and otters PLD 1962 SC 291 distinguished. Ayesha Bai and another v. Shahida and others PLD 1981 Kar. 177 and Dr. Zia ur Rehman Khan and another v. Dr. Atiq-ur-Rehman PLD 2009 Lah. 641…

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