Law: Civil Procedure Code (V of 1908)

Section: S. 87-A

  Baluchistan States Union Interim Constitution, 1952, S. 86-Bar against Courts' jurisdiction not operative where Ruler has acquiesced in cognizance of proceedings against him by Court (Kazi's)-Repeal of Interim Constitution by Establishment of West Pakistan Act, 1955-Bar no longer in force-Interim Constitution not valid legislation[Madad Khan v. Province of West Pakistan P L D 1960 Kar. 160 ref.]   Civil Procedure Code (V of 1908), S. 87-A read with S. 86-Kharan State (Baluchistan) not a "merged" State-"Nawab" of Kharan not "Ruler" of an Acceding State-S. 86 inapplicable to Kharan State or its "Nawab".   (Kalat) Dastur-ul-Amal Diwani - Still in force, being special Law-Application of Civil Procedure Code (V of 1908) Doubtful.   Civil Procedure Code (V of 1908), S. 86-Applies to "suits" against Rulers of States and not "appeals"-"Suit" does not include "appeal" in context of S. 86-"Suit"Definition.   The word `suit' ordinarily means and apart from some context must be taken to mean, a civil proceeding instituted by the presentation of plaint. 1n the context of section 86, C. P. C., this is the only meaning which can be given to the word "suit" which should not be taken to include "appeal."   Hansraj Gupta and others v. Dehra Dun-Mussorie Electric Tramway Co., Ltd. A I R 1933 P C 63 ref.   Acceding States (Property) Order (12 of 1961), Art. 3 Does not apply to property which is property neither of State nor of its Ruler.   (Kalat) Dastur-ul-Amal Diwani-Not making provision for impleading heirs of Ruler in any proceeding on Ruler's death-- Procedure for impleading heirs nevertheless applies being an inherent principle in administration of justice-Civil Procedure Code (V of 1908), O. XXII.   Party-May be impleaded at any time provided claim is not time-barred-Civil Procedure Code (V oj'1908), O. I, r. 10--- Principle applied to case governed by (Kalat) Dastur-ul-Amal Diwani.   Partition suit-Parties---Some heirs not made parties but estate of deceased sufficiently represen!ed before…