Case Details

Citation(s)
2010 SLG 2486 2010 SLD 2486 2010 CLC 1134
Lahore High Court

NASIR SAEED SHEIKH AND MIAN SHAHID IQBAL, JJ
Ch. Muhammad Rafique Warraich for Appellants. Mushtaq Ahmad Chaudhry for
Respondent.

Mst. KHUSHZAR and 2 others

VS

Mst. SHAMIM ARA

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. I, R.8, O.XXVI, R.13, O.XL, R.1, XLIII, R.1 & S.96---Administration suit---Trial Court passed preliminary decree thereby determining the shares of parties on the report of the local commission and arriving at the conclusion that the ordinary mode of partition through division and distribution inter se the legal heirs was not possible---Local commission was directed to conduct the auction of the. properties subject matter of suit filed by respondent and receiver was appointed for partition---Appellants/defendants raised objections to the report of the local commission but the same were rejected by the Trial Court which was not appealed against by the defendants who instead elected to assail the order directing auction of the suit properties through first appeal---Validity---Order rejecting objections to the report of local commission, having not been assailed either in appeal or in revision, had attained finality and the vires of the said order could not be allowed to be argued under the garb of assailing the order directing the local commission to conduct auction---Counsel for petitioner did not argue in support of any mode to partition the suit properties other than auction---Order passed by the Trial Court did not suffer from any illegality---Justice had been done, the respondent who even offered to sell the share to the appellants in order to bring an end to protracted litigation but the offer was not accepted by appellants who requested for remand of the case to Trial Court; request of the appellants could not be entertained as it was likely to set aside the order which had attained finality on the ground of having not been challenged within prescribed limitation---Report of the local commission was not only comprehensive but also fair and just---Appeal being without merits was dismissed. JUDGMENT NASIR SAEED SHEIKH, J.--- This Regular First Appeal is directed against the order dated 11-6-2007, passed by the learned Civil Judge, Lahore, whereby after passing of a preliminary decree in a suit for administration instituted by the respondent, a local Commission already appointed was directed by the Civil Judge to…
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