Law: Civil Procedure Code (V of 1908)

Section: O. XX, r. 13 read with O. 1, r. 10

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th April 1959, in Civil Revision No.6 of 1959, read with Civil Revision No. 5 of 1958).   Special leave to appeal to Supreme Court------Granted to consider whether an administration suit lay where an alleged heir pleaded a will in his favour and entitlement to inheritance was dis puted so far as some other parties were concerned-Constitution of Pakistan (1956), Art. 160.   Administration suit--------Competent where an alleged heir (defendant) pleads a will in his favour, or plaintiff disputes entitle ment to inheritance of other defendants-Civil Procedure Code (Y of 1908), O. XX, r. 13 read with O. 1, r. 10, Form 41, Appendix A.   With respect to an administration suit no specific provision in regard to procedure exists though the competence of such a suit is recognized in Order XX of the Civil Procedure Code and in the forms of plaints and decrees contained in Appendices to that Code. 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. This means that the Court will assume the functions of an administrator, it will realize the assets, will discharge the debts and legacies, will take an account of the income of the property and will distribute the assets amongst those entitled to it.   For distributing the estate of the deceased among those enti tled to It the Court has to find out who the persons entitled are and therefore it will be proper to join in the suit all those persons who claim to be so entitled. According to Order I, rule 10 of the Civil Procedure Code any person whose presence is "necessary in order to enable the Court effectively and completely to adjudicate upon and settle all questions involved in the suit" may be added as a party to the suit. There should be no objection to a plaintiff joining in an administration suit all those who claim to be entitled to a share in the property of the deceased and whose claim he wants to be adjudicated upon.   While an administration suit is not a remedy for getting possession from those who claim…