Law: Succession Act, 1925

Section: 295

(a) Succession Act (XXXIX of 1925)---S.295---Civil Procedure Code (V of 1908), O.IX, R. 9---Application for grant of letter of administration---Dismissed by Trial Court for non-prosecution---Fresh application dismissed under O.IX R.9, C.P.C.---Revision petition dismissed by District Court---Held, that case was dismissed in default and for non-prosecution on initial stage and not contested by any interested person---Such proceedings did not attaint the status of civil suit nor a decree was passed by Trial Court upon its dismissal---Relief claimed was a continuous right---Fresh application would not come within the purview of O.IX, R.9, C.P.C.---Fresh application could be filed despite dismissal of the earlier one---Valuable right of petitioner was involved which required proper adjudication and could not be denied simply on technicalities---Constitutional petition was allowed, Trial Court was directed to decide fresh application strictly in accordance with law and on its own merits. PLJ 2001 Magazine 372 SC (India); AIR 1962 Raj. 139 and PLD 1967 SC 402 rel. (b) Civil Procedure Code (V of 1908)--S.11, O.IX, Rr. 8 9---Dismissal for non-prosecution---Dismissal of application in default without deciding the same on merits could not come within the definition of ‘suit decided’ and could not hit by provisions of S.11 O.IX, R.9, C.P.C. (c) Succession Act (XXXIX of 1925)--S.295---Civil Procedure Code (V of 1908), S. 9---If proceeding for grant of letter of administration was contested by an interested person then the proceedings would take the character of a regular suit to be tried by the Trial Court in accordance with the provision of the Civil Procedure Code, 1908. ORDER: JAMAL KHAN MANDOKHAIL, CHIEF JUSTICE:---.--- Brief facts of the case are that the petitioners filed an application for the grant of letter of administration before the court of Civil Judge-VI, Quetta (“trial Court”), which was dismissed in default and for non-prosecution. The petitioners filed fresh application, which too was dismissed on 27.08.2019 on the ground that it was barred by the Order-IX, Rule 9, C.P.C. Feeling aggrieved, the petitioners challenged the order of the trial court by filing a…

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