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PLD 2014 Sindh 500

KAMRAN MIRZA vs MOAZZAM MIRZA

CitationPLD 2014 Sindh 500
CourtSindh High Court
Case No.S.M.A. No.154 of 2013 and C.M.As. Nos. 754 and 755 of 2014
Date2014-07-03
Judge(s)Amir Raza Naqvi
ResultApplication allowed

ORDER

' AAMIR RAZA NAQVI, J.---

1. Granted.

2. Through this application, petitioner seeks exemption from furnishing surety for grant of succession certificate and seeking an order for issuance of succession certificate in respect of the same subject to furnishing of personal bond of the petitioner. Learned counsel submits that this is non-contentious matter. He relies upon the case-law reported as 1996 M LD 873 (Mst. Razia Khatoon). In said case-law, Rule 400 of the Sindh Chief Court Rules, (O.S.) is discussed. In such matter the securities were exempted and succession certificate was ordered to be issued on execution of personal bond. The language of Rule 400 of the Sindh Chief Court Rules (O.S.) is such that it visualizes two conditions in which sureties are not insisted, firstly that if court orders otherwise and secondly that matter is non-contentious. It means that in non-contentious matter sureties need not to be insisted and also if the matter A is contested the Court in the given facts and circumstances modifies the terms of sureties or very requirement of the sureties. Learned counsel for the petitioner has pointed out that this petition was filed on 6-1-2013 and was granted on 19-12-2013, whereby Succession Certificate/Letter of B Administration was ordered to be issued as per rules.

' The said order refers various formalities to be completed at the level of Deputy Registrar (O.S.) and during all these proceeding and C even after publication in daily Jang dated 9-11-2013 no objection has ever been filed by any one.

' In view of above facts and circumstances Succession Certificate Letter of Administration be issued without insisting of filing sureties. D However, petitioner shall execute personal bond equal to the

Cited by 4 cases

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