Legal Question in Administrative Law in Pakistan

In a deseased property partition case the plaintiff mentioning in the first page of the suit that the suit property originally belonging to the plaintiff and all defendents and property hasbeen transfered in the name of plaintiff and all defendents by the concern society Now in the same case plaintiff got a preliminary decree by mis guiding to the court that the property belongs to deseased.

The preliminary decree as below ;

"This appears to be a suit for administration. Let a preliminary decree in terms of Order XX Rule 13 CPC be passed. In case the parties donot wish to lead any evidence the commissioner/Receiver may invite the bids to sell out the subject property provided no further property involved that needs administration."

I want to inform you that many properties belonging to the deseased involved in this case.

But

As plaintiff has mentioned in the first page of suit the property is registered in the name of plaintiffs and defendents than how can he obtained a preliminary decree that is in the name of deseased property.

What is the legal position of this preliminary decree.

2 Answers from Attorneys

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