Law:

Section:

Succession Act (XXXIX of 1925)--- ----Ss. 295 & 278---Civil Procedure Code (V of 1908), O.XX, R.13 & S.114---Succession---Procedure in contentious cases---Decree in administration suit---Nature of order under S.295, Succession Act, 1925---Conversion of proceedings under Succession Act, 1925 to a suit of administration under O.XX, R.13, C.P.C.---Preliminary decree---Scope---Orders passed in absence of legal heirs could not be treated as orders passed on "objections" in order to treat an application for letter for administration as contentious, which could only be converted into a suit if the objections filed were prima facie tenable and objectors were to be treated as defendants in terms of S.295, Succession Act, 1925---When there was neither "objections" nor "objectors" on record, order under O.XX, R.13, C.P.C. could not be passed. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---.--- The Plaintiff has filed SMA on 08.10.2016 at his own without consulting other legal heirs of the deceased Haleema Vayani, who died on 07.11.2008. Not a single legal heir has joined the petitioner by filing a no objection affidavit. The petitioner in para-8 of his succession petition has filed list of litigations pending between the legal heirs. All three cases were filed by the legal heirs against each other after the death of Mst. Haleema Vayani. Learned counsel states that all the cases mentioned in para-8 have already been decided in his favour. Then he should have filed execution applications for the satisfaction of decrees in his favour. In a situation like the one faced by the petitioner he cannot seek "grant of succession certificates" in his favour even by civil suit. An "objection" raised by the office cannot…

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