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MST. FIRDOUSI BEGUM versus NEXT OF KIN


CPC Parties Apply for Civil Procedure Code Order I Suite OI, Managing Letters for 10 Application Requests to Take part in the application Before the question of property distribution is not implemented Can be done

P L D 1967 Karachi 439

Before Qadeeruddin Ahmad, J

Mst. FIRDOUSI BEGUM--Petitioner

versus

NEXT OF KIN

Miscellaneous Application No. 24 of 1965, decided on 23rd May 1966.

Civil Procedure Code (V of 1908)------

-----

O

.

I, r. 10‑Petition for Letters of Administration‑Application for impleading person to be party to proceedings‑Cannot be opposed before the question of distribution of property has been gone into.

Naimuddin for Petitioner.

Nizamani for Next of kin No. 3.

Idris Qureshi for Next of kin Nos. 9 and 10.

ORDER

This is an application by Asst. Firdousi Begum for impleading Baby Samina Razi. Mr. Naimuddin says that Mst. Rashida Salina, next of kin No. 9 claims that Baby Samina Razi has been born to her and that she is a daughter of the deceased Syed Razi Ahmad. Counsel says that, in order to avoid future complications, he proposes to implead Baby Samina Razi and desires that her mother be appointed her guardian.

2. Mr. Idris Qureshi has no objection to the above application; but Mr. Nizamani says that he does not admit that Baby Samina is a daughter of the deceased.

3. The question of distribution of property to those who are entitled to it is not at present before this Court. The application for impleading Baby Samina Razi is intended, to give an opportunity to all those who claim to be next of kin to have their say with respect to the application for letters of administration.

4. In the above circumstances, the application is granted and Mst. Rashida Salma is appointed guardian of Baby Samina Razi in these proceedings.

K. B. A.

Application accepted.

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