Law: Code Of Civil Procedure, 1908.

Section: Order XX, Rule 13,9

Civil Procedure Code (V of 1908)---

----O. XX, R. 13---Administration suit---Stranger to proceedings---Benami transaction, claim of---Proof---Appellant filed application for Administration of suit property and respondent/objector joined proceedings and claimed the property to be Benami and that actual owner was his father---Trial Court converted administration petition into a civil suit and objection filed by respondent/objector as written statement---Validity---Contentions of respondent/objector could not be addressed within the framework of an administration petition---Even if there were allegations of Benami ownership, allowing respondent/ objector to file a written statement allowed him to "side-step" the procedure and "frog-leap" the vested rights of legal heirs of deceased owner in their administration proceedings--Essential goal of administration proceedings was to ascertain the extent of deceased individual's estate and ratio within which it was devolved amongst the legal heirs--Simply agitating that there was a Benamdar, did not translate automatically into impleading a stranger in administration matter---Such challenges could not be deemed sufficient to dismiss an administration petition or challenge an administration suit's validity---Respondent/objector could prove his claim before proper forum subject to all just exceptions---Respondent/objector had no right to participate any further in administration proceedings filed by legal heirs of deceased owner---Respondent/objector was at liberty to agitate his right in separate proceedings---Contents of judgment of High Court in Administration petition were confined to that judgment alone and could not be taken as decided/settled case--Appeal was allowed accordingly.

Muhammad Zahid v. Mst. Ghazala Zakir and others PLD 2011 Kar. 83 rel.