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Civil Procedure Code, 1908 (V of 1908)-- ----S. 11--Resjudicata--Suit for administration, partition and permanent injunction--Letter of administration in respect of the subject matter had already been granted by the District Judge against which an appeal was still pending--Held: Suit was hit by resjudicata. [P. 28] A Order On 31.1.2006 the plaintiff's Counsel was asked to show as to how this suit was maintainable and the matter was adjourned to 10.2.2006. On 10.2.2006 learned Counsel made a statement before my learned brother Khilji Arif Hussain, J that in almost identical matter Being Suit No. 287/2005 was admitted by me. The matter was ordered to be placed before me. Mr. Saathi M. Ishaque was asked to show the copy of the order passed in Suit No. 287/2005. He however, showed me copy of cause list of 6.2.2006 in which Suit No. 287/2005 is showing to have been fixed before me. Learned Counsel did not show the order that may have been passed in Suit No. 287/2005. I have heard the learned Counsel on the maintainability of Suit. It seems that SMA Bearing No. 219/2003 was filed in the Court of District & Sessions Judge, Karachi (Central) by the Defendant No. 1 in which the plaintiff was shown as respondent. The said SMA was granted by order dated 28.2.2004 (Annexure-D to the plaint) by which the Court allowed issuing of Letter of Administration in respect of the property to the petitioner namely the Defendant No. 1 while the plaintiff was appointed as guardian ad litem of the mentally retarded persons namely Naseer Ahmed, Muhammad Iqbal and Nasreen Begum. The plaintiff was aggrieved by this order and has filed a Miscellaneous Appeal No. 26/2005 in this Court under Section 384 of the Succession Act which is stated to be pending (Annexure-J to the plaint). The learned Counsel was asked as to what the precise grievance of the plaintiff is, he states that plaintiff is one of the legal heirs of deceased Ghulam Sarwar and that immovable property in respect of which the SMA was filed is in his possession and that the value in the SMA has been wrongly given that of Rs. 22,00,000/- (Rupees Twenty Two Lacs) though it is valuing Rs. 40 to 50,00,000/-. He states that…

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