Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration against dead person---Maintainability---Office objection---Office raised objection that suit against dead person was not maintainable---Validity---Gift, in the present case, had been completed through a registered document which had created a vested right in favour of legal heirs of deceased who had not been made party to the suit---Suit in the present form (against dead person) was not maintainable which was dismissed---High Court observed that plaintiff would be at liberty to file proper proceedings in accordance with law. ORDER AMER RAZA NAQVI, J.--- This suit has been filed for declaration and cancellation of documents. The brief facts of the case are that plaintiff claimed that he had gifted the suit property to his father namely Muhammad Inayatullah Mehkri who died subsequent to the declaration of gift which according to such document annexed as annexure "B" to the plaint was completed in all respect, even according…

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