Order Sheet

 

IN THE HIGH COURT OF SINDH AT KARACHI

 

Misc. Appeal No.09 of 2019

 

Date

                                Order with signature of Judge

 

Fresh Case :

1. For orders on CMA No.1909/2019 (U/A) :

2. For orders on office objection a/w reply as at “A” :

3. For orders on CMA No.1910/2019 (E/A) :

4. For hearing of Main Case :

 

29.03.2019 :      Mr. Noor Ahmed Malik, advocate for the appellant.

…………

 

1.         Urgency granted.

 

2.         Office objection regarding limitation is misconceived as impugned order was passed on 27.02.2019 and not on 03.10.2018 as stated in the objection. The objection is, therefore, overruled.

 

3.         Exemption is granted subject to all just exceptions.

 

4.         SMA No.332/2018 was filed by the appellant before the learned District Judge Karachi Central for the grant of Letters of Administration and Succession Certificate in respect of the immovable and movable assets left by his late father Mr. Aftab Alam (‘the deceased’). The said assets, as described in the Schedule / Annexure ‘A’ to the above petition, were Shop No.A-6, Ground Floor, measuring 25.00 sq. yds. situated in Shah Faisal Plaza constructed on Sub-Plot No.SF/21-22/A-3, Plot No.SF/21-22/A, Block No.B, Scheme No.2, North Nazimabad, Karachi, and Saudi Riyal 224,746.00 being outstanding dues of the deceased lying with his employer viz. Associated Consulting Engineers & Abdullah Dabbaagh. In the aforesaid schedule, the above mentioned amount in Saudi Riyal was also shown equivalent to Pak Rupees at the rate of Rs.28.00 per Riyal. Other legal heirs of the deceased had submitted their affidavits of no objection in favour of the appellant. Vide order dated 03.10.2018, the above petition was allowed by the learned IIIrd Additional District Judge Karachi Central. Thereafter, the appellant filed an application under Section 151 CPC stating that there was a shortfall in the amount to be released on account of outstanding dues of the deceased as the employer was not releasing the said amount equivalent to Saudi Riyal 224,746.00 and only the amount mentioned in the schedule in Pak Rupees was being released. It was prayed by the appellant in his above application that the employer may be directed to release the remaining outstanding amount of the deceased. The above application filed by the appellant was dismissed by the learned Additional District Judge vide order dated 27.02.2019 impugned herein.

 

            It is contended by learned counsel for the appellant that the above situation had arisen as he had mentioned Saudi Riyal 224,746.00 in the schedule as well as the amount equivalent to it in Pak Rupees. He submits that legal heirs are entitled to receive the entire amount of Saudi Riyal 224,746.00 left by the deceased towards his outstanding dues against his employer. In my opinion, the above application should have been filed by him for modification in the Succession Certificate rather than seeking direction against the employer. Since it was an uncontested matter, the learned Additional District Judge ought to have treated the above application as an application for modification in his order dated 27.02.2019 and the Succession Certificate granted in pursuance thereof. Despite publication in newspaper, no one, including the employer, filed any objections, as observed in the impugned order. Even otherwise the employer did not dispute the amount of Saudi Riyal 224,746.00 left by the deceased. In succession matters the Court continues to retain control and jurisdiction in respect of the matter till the entire estate / assets left by the deceased are distributed amongst his legal heirs according to their respective shares. It may be noted that if any amount is left by a deceased in foreign currency such as a foreign currency account or foreign currency in any other country, succession certificate can be grated to his legal heirs in respect thereof. Therefore, in my humble opinion there was no impediment in granting the Succession Certificate for the amount mentioned in the schedule in Saudi Riyal.

 

            In view of the above, impugned order dated 27.02.2019 and the Succession Certificate granted in pursuance thereof are modified to the extent that Succession Certificate shall be granted to the petitioner to the extent of Saudi Riyal 224,746.00. This appeal is disposed of in the above terms with no order as to costs.