Mst. JAMSHED vs Mst. TAJWAR SULTAN AND 23 Other — 1972 SCMR 477

Citation: 1972 SCMR 477

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-02-03

Parties: Mst. JAMSHED vs Mst. TAJWAR SULTAN AND 23 Other

Headnotes

Case cited as 1972 SCMR 477

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: Mst. JAMSHED vs Mst. TAJWAR SULTAN AND 23 Other Case No.: Civil Appeal No. 70 of 1964 Civil Revision No. 324 of 1957 Date of Judgment:1967-02-03 Reported As: 1972 SCMR 477 Result: Appeal allowed JUDGMENT JUDGMENT S. A. RAHMAN, J.-This appeal by special leave has arisen in the following circumstances. A suit was instituted by Mst. Tajwar Sultan and Mst. Channo, for a declaration that they were the sole heirs of their mother, Mst. Miranjan and that the defendants, who were the husband or the children of a pre-deceased sister of theirs, had no share and interest in the properties left by the said Mst. Miranjan. During the pendency of the suit, Mst. Channo died. Her co-plaintiff, Mst. Tajwar Sultan, put in an application, alleging that she herself and the husband of Mst. Channo were the only surviving legal representatives of the deceased and prayed that the husband may be brought on the record as a party. The trial Judge, in the presence of the parties' counsel, recorded an order on the 14th January 1956, making Jamadar Muhammad Yunus Khan, the husband of Mst. Channo, a party to the suit, and directed notice to issue to him for the 13th February 1956. Apparently, at that stage, no objection was raised, on behalf of the defendant, that the deceased had left other legal representatives. It was on the 2nd June 1956, that the defendants moved an application in the trial…

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