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(a) Civil Procedure Code (V of 1908)-------O. XX, R. 13, O. IX, Rr. 3, 4 & 8 & O. VII, R. 11---Administration suit---Plaint, rejection of---Contention of defendant was that earlier suit on same cause of action and seeking same relief was dismissed and present suit was barred under O.IX, R.9, C.P.C. as well as on the principle of res judicata---Validity---Earlier suit was dismissed under O.IX, R.3, C.P.C. but not under O.IX, R.8, C.P.C. as neither the defendant nor the plaintiff were present before the court---Plaintiff could bring fresh suit under O.IX, R.4, C.P.C.---Right to file suit for administration of property left by the deceased did not extinguish by afflux of time---Application for rejection of plaint was dismissed in circumstances. 1987 SCMR 527; 1996 CLC 1273; 2005 SCMR 1447 and AIR 1928 Mad. 760 ref. AIR 1928 Mad. 760 and Yousuf Abbas and others v. Mst. Ismat Mustafa PLD 1968 Kar. 480 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Territorial jurisdiction---Scope---Court had jurisdiction to administer the estate left behind by the deceased in an administration suit which was situated beyond the jurisdiction of court. (c) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Administration suit---Limitation---Right to file suit for administration of property left by the deceased did not extinguish by afflux of time. ORDER SYED SAEEDUDDIN NASIR, J.--- By this order I intend to dispose of C.M.A. No. 2167 of 2010 which is an application under Order VII, Rule 11 read with section 151, C.P.C., 1908. The main contention of the learned counsel for the defendants Nos.1 to 4 in this application is that the plaintiff as well as defendants Nos.5 and 6 had filed Suit No.944 of 1990, which was proceeded and was fixed for evidence after framing of issues, however the same was dismissed on 3-2-2000, therefore, in view of the fact that the suit earlier filed on the same cause of action and seeking same relief was dismissed as aforesaid, and the same was also the suit for administration of the property of the deceased, as such instant suit as filed is barred under Order IX, Rule 9, C.P.C. as well as on the principle of…

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