Case Details

Citation(s)
2023 SLG 840 2023 SLD 840 2023 PLD 127
Sindh High Court
High Court Appeal No. 274 of 2022, decision Dated: 22nd November, 2022. heard on: : 15th November, 2022.
IRFAN SAADAT KHAN AND ZULFIQAR AHMAD KHAN, JJ

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A. M. QURESHI through legal representative

VS

DEPUTY COMMISSIONER, DISTRICT EAST, KARACHI and others

Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----O. I, R. 10--- Specific Relief Act (I of 1877), Ss. 42, 54---Suit for declaration and injunction---Necessary party, impleading of---Dispute as to paternity---Determination---Dispute was between the parties with regard to property left by deceased owner---Respondents sought to be impleaded to the proceedings as legal heirs of deceased owner but appellants questioned their paternity---Validity---Matter was excessively contested where appellants were even questioning paternity of other legal heirs---Interest of justice could only be resolved by way of framing proper issues in such regard, adducing evidences and calling for witnesses etc., and thereafter have the matter decided in accordance with law---Parties could also furnish their respective issues as required, under O. XIV, C.P.C. and it would be for the Court to frame the issues and thereafter decide the matter after hearing the parties in accordance with law---High Court…
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