Law: Sindh Civil Court Rules

Section: 347

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.9,O.XX,R.13

(a) Limitation--- ----When no limitation is prescribed by any statute, statutory rule cannot prescribe any limitation. (b) Sindh Civil Court Rules--- ----R. 347---Administration or succession certificate---Limitation---Provision of R.347 of Sindh Civil Court Rules, prescribed no period of limitation and there is no limitation in suit for administration and application for succession. Abdul Rauf Ghaziani v. Zaibunnissa and 2 others PLD 1975 Kar. 76 rel. (c) Civil Procedure Code (V of 1908)--- ----O. I, R.9---Non-joinder of parties---Dismissal of suit---Scope---Dismissal of suit for non-joinder is to be based solely on inability of court to grant relief---Whenever court can help plaintiff, it should not dismiss the suit for non-joinder. Gul Muhammad and another v. Mir Zaman and another PLD 1954 Lah. 406 and Mst. Jannat Bibi v. Paras Khan 2011 SCMR 1400 rel. (d) Civil Procedure Code (V of 1908)--- ----O. XX, R.13---Defendants resisted suit for administration of properties left by deceased predecessor of parties on the plea that plaintiff had taken his share during lifetime of deceased---Validity---If deceased in his life time had given anything to son same was considered as 'gift' from a father to son---Such gift could not be taken as 'share in inheritance of his father'---Heir in possession was considered in constructive possession of property on behalf of all legal heirs---High Court passed preliminary decree under O.XX, R.13, C.P.C. and Official Assignee was appointed as Administrator to take further proceeding in the mater as per law of administration of properties left by deceased predecessor of parties---Suit was decreed accordingly. Haji Ghlshan v. Abdul Qayoom and 4 others PLD 1991 Pesh. 85; Munawar Sultana through L.Rs. v. Siddique and others 1983 CLC 2791; Mst. Salma Abbasi and another v. Ahmed Suleman and 2 others 1981 CLC 492; Muhammad Iqbal and 5 others v. Allah Bachaya and 18 others 2005 SCMR 1447; Mst. Khursheed Bibi and others v. Ramzan and others 2006 CLC 1023; Fazal Muhammad v. Mst. Chohara and others 1992 SCMR 2182; Muhammad Tufail v. Atta Shabir and 5 others PLD 1977 SC 220; Zardad v. Ali Akbar and others 1989 CLC 2028; Abdul Majeed Khan v.…