In Brief
Azgar Barid challenged a High Court order affirming a trial court's partition judgment that had denied his objections to the claims of some plaintiffs. The High Court had restored the trial court's findings that plaintiff No. 3 (Mazambi) was validly married to Mohiyuddin Pasha and that plaintiffs 4-8 were their children, based on oral testimony and documentary evidence. The Supreme Court held that in partition suits, non-appealing plaintiffs can obtain relief under procedural rules allowing complete justice. Where the First Appellate Court reversed trial findings based on proper evidence and substituted perverse findings based on conjecture, the High Court was justified to interfere. The Court found no merit in the appellant's challenge and dismissed the appeal, upholding the partition judgment that distributed the properties among all legal heirs of Mohiyuddin Pasha according to their rightful shares.
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