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Petitioner: ABDUL SATTAR VS Respondent: AHMEDHonorable Justice Noorul ArfinS.Inayat Ali,Azizuddin Naseem Farooqi
1988 M L D 1593
1988 M L D 1593
[Karachi]
Before Noorul Arfin, J
ABDUL SATTAR‑‑Plaintiff
versus
AHMED and 5 others‑‑Defendants
Suit No.268 of 1970, decided on 13th July, 1970
(a) Civil Procedure Code (V of 1908)‑‑--
‑‑‑O.1, R.10‑‑Adding a necessary party in suit‑‑Grandson of deceased from her predeceased daughter applied to be joined 'as a party to suit‑‑Parties agreed that applicant was a necessary party and entitled to inherit‑‑Applicant was ordered to be joined as a party to suit.
(b) Civil Procedure Code (V of 1908)‑‑--
‑‑‑OXL, R.1‑‑Application by plaintiff for appointment of receiver for the property left by deceased was disposed a: by Court in such manner that where "facts were admitted, defendants were ordered to deposit share of plaintiff in Court‑‑Where facts were not admitted plaintiff was ordered by Court to ascertain facts and then move the Court.
S.Inayat Ali for P'lintiff.
Azizuddin for Defendants.
Naseem Farooqi for Defendant No. 6.
Date of hearing: 13th July, 1970.
ORDER
The defendants have filed a statement which they say is the statement of assets left by the late Hanifa Bai Haji Ghani and which statement was also submitted to the Controller of Estate Duty. According to this statement, the total estate of the deceased is of the value of Rs.19,13,857, out of which the plaintiff's share comes to 2/11th of the total given in the statement. The exact figure of the plaintiffs share, without prejudice to the defendants' contentions and pleas, should be worked out and the amount so calculated should be deposited in Court within 2 weeks and on such deposit the Nazir will deposit this amount in the Habib Bank, Court Road Branch, Karachi.
2. The plaintiff says that the deceased was also a share holder in Central Life Insurance Company, Dawood Mines Ltd., and Dawood Hercules Ltd. This statement is denied by the defendants. These three companies apparently have been incorporated in Pakistan. The plaintiff should ascertain from the records of the Registrar of Joint Stock Companies whether the deceased held any share in any of these companies at any time and then move the Court for necessary action.
3. With regard to Dawood (England) Limited, the defendants say that the deceased had no share in this company. The defendants are directed to file in this Court certified copies of the list of share‑holders from the incorporation of the company up to the date of the death of the deceased within three months, as it is foreign company.
4. With regard to the Dawood Corporation Ltd. and Dawood Industries Ltd., the defendants' case is that the deceased had transferred her shares therein during her life time by way of gift. The scripts and the transfer deeds have been produced today before me. The case with regard to these shares becomes a contentious point and it will have to be decided on evidence whether this gift should be accepted or not. But the present is not the appropriate stage for giving any decision on this point. These shares and transfer deeds will be retained by the Nazir of this Court for three days, during which time the plaintiff will be at liberty t to obtain photo‑scat copies thereof in the presence of the Nazir. Thereafter, the ‑shares and transfer deeds shall be returned to the defendants through Mr. Naseem Farooqi.
5. The defendants should file balance‑sheets of Dawood Corporation and Dawood Industries Limited from the incorporation of these companies up to the date of the deceased's death and the deceased's complete accounts in the ledger of these companies within 4 weeks and so also the copies of the income tax returns of the deceased within the same period. Likewise the deceased's statement of accounts in the Memon Co‑operative Bank, from the date of the opening of the account up to the date of the deceased's death, shall also be filed within 4 weeks.
6. An application under Order I, Rule 10, C.P.C. has ‑been filed by Osman son of Suleman, who :s the grandson of the deceased from her pre‑deceased daughter. The par6cs before me agree that he is a necessary party. Accordingly he is joined as defendant No.6. His name may be added in the plaint already op record by Mr.Inayat Ali and this addition may be countersigned by the reader. Osman son of Suleman is present it. Court, so also his Advocate Mr.Naseem Farooqi and accordingly he waives the notice of the suit and the application therein.
7. The application under Order XL, Rule 1, C.P.C. stands disposed of in terms contained above. The Plaintiff would be at liberty to make further application, if necessary, after all the accounts and other papers have been filed.
AA./A‑351/K Order accordingly.