After holding as above, the Court further went to hold that as per Sunni law, the daughters, the sisters, plaintiffs No. 1 to 4 and the defendant were all entitled to inherit the property of deceased Mohammad Sharif, as fully detailed in para No. 4 of the plaint. It was also observed that no doubt the daughters and the sisters were necessary parties in the circumstances, nevertheless, having been held them to be entitled to inherit the property, as per law of inheritance, no injury or grievance is caused to them on account of their being not impleaded as necessary parties. The trial Court, therefore, rightly proceed in deciding the dispute on merits and holding as above, in accordance with the provisions of Order 1 Rule 9 CPC, already quoted above. Moreover, it does not lie in the mouth of the respondent/defendant to state that the suit is bad for non-joinder of necessary parties as, he asserted, in the suit, that the only living heir at the time of death of testator Mohammad Sharif was himself and his sister Manan and that Manan had given her due consent for the execution of the said will in his favour. But while doing so, he made no mention of the two daughters i.e. living heirs of the testator Mohammad Sharif. In the face of the above facts, it is evident that although the sisters and the daughters are the necessary parties, it is also true that no order has been passed against them. Rather, they have been made entitled to inherit the property of the deceased Mohammad Sharif. In fact, justice has been done. Thus, the Judgement of the District Judge setting aside the well reasoned
