Law: West Pakistan Municipal Committee Octroi Rules, 1964

Section: 2

Law: Qanun-e-Shahadat (10 of 1984)

Section: 114,128(1)

Law: Civil Procedure Code (V of 1908)

Section: 11,1(1)

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)- ----S. 2---Qanun-e-Shahadat (10 of 1984), Arts. 114 & 128 (1)---Civil Procedure Code (V of 1908), O.VII, R.11 & O.XXII, R.1(1)---Suit for declaration and injunction---Parentage of defendant---Estoppel, principle of---Applicability---Plaintiff denied defendant to be his son---Plaintiff claimed that he and his wife were issueless and defendant was adopted and raised by them who was born to a near relative of his wife---Validity---Plaintiff was not unaware as to the antecedents of defendant's birth or having lacked conjugal access in marital relationship at the time---Plaintiff himself admitted having voluntarily embarked upon a course of conduct over the course of decades embracing and reflecting defendant as his real son, without any reservation, despite he was aware that he was allegedly his wife's nephew---No fraud or forgery was attributed to defendant or any third party and plaintiff was estopped by his own conduct from then disavowing the official status of the defendant---Suit was liable to be rejected but plaintiff wanted to withdraw the same unconditionally---Suit was withdrawn in circumstances. Ghazala Tehsin Zohra v. Mehr Ghulam Dastagir Khan and another PLD 2015 SC 327 fol. ORDER YOUSUF ALI SAYEED, JUSTICE:---.--- Suit Number 245 of 2009 was filed on 24.02.2009 by one Saeedudin Qureshi (since deceased) denying paternity of the Defendant No. 1, Waqar Saeed, on the assertion that whilst he had contracted marriage with the Defendant No. 2, namely Mst. Bushra (also since deceased) in the year 1968, no children were born from their wedlock, but at the insistence of the Defendant No. 2 he had allowed her to bring up the Defendant No. 1, who was her nephew, as their real son and had given the Defendant No. 1 his own name, albeit that the he was allegedly born in the year 1976 to one Mst. Shafqat Bibi, who was the sister of the Defendant No. 2, from her marriage to one Nasir Ali Chohan. 2. It had been pleaded that the Plaintiff was thus not the biological father of the Defendant No. 1, but had brought up the child like his son, and permitted his name to be entered in educational…

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