Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Preliminary decree, passing of---Dispute pertained to estate left behind by parties predecessor-in-interest---Single Judge of High Court, during pendency of suit, passed preliminary decree and framed two issues for decision in suit---Validity---Dispute between legal heirs of deceased as to number of shares of company held by deceased at the time of his death (plaintiffs in proceedings claimed that deceased had 700 shares whereas, defendants claimed that he had only 70 shares having gifted 630 shares to them during his lifetime)---Determination of such question did not involve a stranger---Seeking cancellation of any document could not take the suit out of scope of administration suit and preliminary decree could be made---Preliminary decree did not tantamount to deciding the suit---Issues were framed and one such issue pertained to transfer of 630 shares of company was rightly recorded and evidence was yet to be led in such regard--- Intra court appeal was dismissed in circumstances. Muhammad Zahid v. Ghazala Zakir and others PLD 2011 Kar. 83 ref. THIS JUDGMENT DELIVERED BY: OMAR SIAL, J.--- Through these proceedings the Appellants have impugned an order dated 17-12-2014 passed by a learned single Judge in Suit No. 1362 of 2003 which is still pending adjudication. In terms of the said order, the learned single Judge had passed a preliminary decree and had also framed two issues for decision in the Suit. 2. Mr. A. M. Qureshi, having married twice, died on 22-6-1989. Subsequently, various disputes arose over his estate between his legal heirs which culminated in several litigations. One such litigation was Suit 1362/2003 filed on the Original Side of the Court for declaration, cancellation, rendition of accounts, mandatory and permanent injunction filed by Respondents Nos. 11 and 12 in these proceedings against, inter alia, the Appellants ("Suit 1362/2003"). (The parties, as convenient, are hereinafter from time to time referred to as per their character in the Suit.) 3. Suit 1362/2003 was originally filed on 22-12-2003 (the title being amended a couple of times after that) and prayed that the Court be…

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