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Suit No. 52 of 1975, decided on 4th June, 1980.
‑‑‑ Para. 15‑Partition‑‑Competent Rehabilitation Authority after trans ferring evacuee interest, held, cannot exercise power of partitioning under para. 15 of Scheme.‑[Partition].
Abdul Ghani v. Settlement do Rehabilitation Commissioner, Hyderabad and Khairpur and S others Law Notes 1971 Kar. 222 ; Civil Appeal No. K‑22 of 1966; S. Anwar Husain v. Sarfraz Ahmed P L D 1971 S C 669 and Roshan All v. Settlement Commissioner, Khairpur Division P L D 1975 Kar. 444 ref.
S. 47‑‑Registration‑.‑Operation‑‑‑Operative date of registered document, held, date of execution and not date of registration.
O. VII, r. I‑Relief‑Relief admissible to plaintiff‑Not to be denied on ground of suit being wrongly framed‑Relief though not specifically prayed for in plaint yet could be granted if not inconsistent with case of party‑Relief claimed upon a specific ground, Court, held, may grant relief upon a ground different from that on which claimed provided it gives no element of surprise to other party.
Ali Husain and others v. Improvement Trust, Multan P L D 1974 Note 152 at p. 232; Santosh Kumar Mitra and others v. Hari Shikash Mondal and others P L D 1962 Dacca 463 ; Khisro Nawaz v. Khani Mullah and others P L D 1962 Pesh. 124 ; Ram Chandra and another v. Jaithmal and others A I R 1934 All. 990 ; Gangaram Chandra v. Butrusao and others A I R 1961: Pb. 414 and Sitaram Singh v. Shri Bhini Devi A I R 1960 Pat. 452 ref
O. VII, r. 7‑Relief‑Court in a fit case, held, competent to grant relief for partition of land in spite of absence of an express prayer in such regard.‑[Partition].
Abdul Hameed Khan v. Inayat Khan and 2 others P L D 1958 Lah and Syed Main Ahmed v. Khondkar Mohiuddin P L D 1969 Dacca 132 ref.
O. I, rr. 9 & 13‑Decree in absence of parties‑Provisions of O. I, rr. 9 & 13, C. P. C., held, can be pressed into service only in those cases where effective decree can be passed in absence of some of parties. [Decree].
0. I, rr. 9 & 13‑'Necessary party'‑ proper party Distention‑ In case of necessary party' an effective decree cannot be passed whereas in case of "proper party' an effective decree can be passed‑All co -sharers, held, necessary parties and in their absence, no effective decree can be passed.‑[Decree].
Chandra Mohan Saha and another v. ‑Union of India and another A I R 1953 Assam 193 ref.
Azhar Ali Siddiki for Plaintiff.
Ashiq All Abdullah and Khudabux Omarani for Defendants.
Date of hearing : 21st May, 1980.
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