Law:

Section:

(a) Civil Procedure Code (V of 1908) O. VII, r. 10 read with S. 141 Return of plaint/application Court of Senior Civil Judge 1st Class with powers of District Judge under Succession Act, 1925 A civil Court Proceedings under Succession Act, 1925, before such Senior Civil Judge Strictly of civil nature Court seized of jurisdiction in a matter covered by Succession Act, 1925 To follow entire procedure laid down in Civil Procedure Code, 1908 as far as possible Applicability of O. VII, T. 10, held; cannot be excluded only on ground of word "plaint" alone having been used in such provision and procedure applicable to plaints also to govern applications under Succession Act, 1925 by virtue of S. 141Succession Act (XXXIX of 1925). (b) Civil Procedure Code (V of 1908) O. VII, r. 10 read with S. 141 Return of plaint/application All applications although not covered by O. VII, r. 10 yet Much provision certainly applicable: to applications governed by Civil Procedure Code, 1908 and requiring trial in somewhat similar manner as trial of a case based on a plaint. Gupteshwar Missir v. Ghaturanand Missir and others A I R: 1930 Pat. 309; Sharram Singh v. Saddhu Singh A I R 1928 Lah. 484; AV:mad Shah v. Messrs Grindlay & Co. Ltd. A I R 1944 Sind 98; Goverdhandas Vishindas v. Mst. Rijhibai and others A I R 1930 Sind 252 and Magia Hagria v. Sakia and others A I R 1944 Nag. 331 distinguished. (c) Civil Procedure Code (V of 1908) O. VII, r. 10 read with S. 141 Return of plaint/application Law never intends shutting up a party on technical grounds and cases as far as possible to be decided on merits Application under Succession Act, 1925 for grant of letters of administration being covered by word "plaint" used in O. VII, r. 10 and case having not been tried and decided on merits lower Court, held, should have returned plaint for presentation to Court having jurisdiction (High Court in respect of cases from Kalat Division) Succession Act (XXXIX of 1925). Gia Ram v. Mst. Kundana Wanti and others P L D 1978 Quetta 91; Abdul Wahid Khan v. Ghulam Nabt PLD 1953 Bal. 1 and Akram v. Zakria Khan and others P L D 1962 Pesh. 7 ref. JUDGMENT This appeal under section 299 of the Succession…

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