1. ' SYED ZAKIR HUSSAIN, J.---This Miscellaneous Application has been preferred by the applicant against the order passed by the learned Vth Additional District Judge, Karachi (East) in S.M.A.
2. No,414 of 2010, whereby the petitioner carrying the prayer of issuance of Letters of Administration was rejected in limine for want of jurisdiction, on the ground that the deceased died in Sargodha on 29-12-2005 and the immovable property, subject matter of the petitioner, is situated in Bahria Town, Rawalpindi/Islamabad and therefore, neither the subject-matter fell within the territorial limits of the court nor the deceased died within its territorial jurisdiction.
3. ' The learned counsel for the applicant in support of this application, states that the learned trial court has erroneously come to the conclusion contained in the impugned order and has ignored the legal position enshrined in the provisions of section 371 of the Succession Act, 1925, whereby the petition for Succession Certificate or Letters of Administration is open to be preferred either in the court of place where the property, the subject matter thereof, is situated or in the court of the place of the ordinary residence of the deceased. In the instant case, according to the learned counsel, the deceased was shown to have been an ordinary resident of the given address at Karachi and the fact that he died in Sargodha and his property in question is situated in Bahria Town, Rawalpindi/Islamabad, does not adversely affect his option to prefer the petition of like nature before the court of the place of the said ordinary residence of the deceased, (which is the court of District Judge, East, Karachi).
4. Before coming to a conclusion, it will be necessary to reproduce the provisions of section 371 of the Succession Act, 1925, which run as follows:-- "Court having jurisdiction to grant certificate.
5. ' The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part."
6. ' I finding force in the contention of the learned counsel for the applicant, which is in consonance with the aforesaid provisions of law, do hereby allow the application, set aside the impugned order and remand back the case to the learned trial court with direction to decide the same on merits afresh, at its earliest.