Law: Succession Act, 1925

Section: 372

Law: Civil Procedure Code (V of 1908)

Section: 114,151

Sucession Act (XXXIX of 1925)---.--- ---.----S. 372---.---Civil Procedure Code (V of 1908), Ss. 114 & 151---.---Administrative suit---.---Review of order-Inherent powers of High Court---.---Act 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. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- At the outset, learned counsel for Petitioner contends that due to objections filed by Objector, the captioned SMA was converted in a suit for administration vide order dated 18.11.2015 however order dated 20.11.2015 shows that SMA was dismissed with observation that legal heirs may file suit for administration and partition of the properties of different deceased persons, if so advised. I have perused both orders. Order dated 18.11.2015 is reproduced hereunder:- "Since objection has been filed, this SMA is converted into a suit for administration." as well as order dated…

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