Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Civil Procedure Code (V of 1908)-- ----S. 12(2)---Application for setting aside decree allegedly obtained by fraud/misrepresentation, under S.12(2), Civil Procedure Code, if found to be improper, mala fide and having been made only to protract the proceedings and to abuse the process of the Court, could be dismissed by the Court without framing any issue or recording any evidence. Alam Ali v. District Judge, Multan PLD 1983 Lah. 278; Abdul Rauf v. Abdul Rahim Khan PLD 1982 Pesh. 172; Munir Ahmed Khan v. Samiullah Khan 1982 CLC 625; Jalaldin v. Asghari Begum 1984 SCMR 586 and Abdul Ghaffar v. Jalaluddin 1986 CLC 747 ref. (b) Sindh Chief Court Rules (O.S.)--- ---R. 381---Rule 381, Sindh Chief Court Rules require explanation, whereas application for grant of letters of administration was filed more than three years after the demise of proposition (c) Succession Act (XXXIX of 1925)-------S. 295---Suit for administration---Relief---In a suit for administration the relief to be granted is, that the estate of the deceased is to be administered under the decree of Court. Syed Mehdi Hussain Shah v. Mst. Shadoo Bibi PLD 1962 SC 291 and Mohammad Javed Akhtar v. Public at Large 1977 CLC 262 ref. (d) Succession Act (XXXIX of 1925)--- ----Ss. 254 & 295---Letters of administration---Word "proceedings"-- Connotation---Procedure to be followed in a contentious matter stated.--[Words and phrases] In contentious matters the proceedings are to take, as nearly as may be, the form of a regular suit, according to the provisions of Civil Procedure Code. There is nothing in section 295 or any other provision of the Succession Act which provides that the proceedings are to take the form of suit only up to any particular stage i.e. up to the recording of evidence, and not thereafter. It does not say that in contentious matters the judgment, the decree or the execution of the decree shall not be, as nearly as may be, in the form of a suit. The word "proceedings", cannot be restricted to the recording of evidence, but will cover all the proceedings that take place in a contentious matter, including judgment, decree and the execution thereof. In such cases…