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 declined to interfere in the order passed by Judge in Chambers of High Court---Intra Court Appeal was dismissed in circumstances. PLD 2010 SC 913 ref. Muhammad Baqar v. Mst. Ghulam Parver and others 2017 SCMR 1062; Ghulam Ahmed Chaudhry v. Akbar Hussain through Legal Heirs and another PLD 2002 SC 615 and Rauf B. Kadri v. State Bank of Pakistan and another PLD 2002 SC 1111 rel. JUDGMENT IRFAN SAADAT KHAN, J.---This High Court Appeal (HCA) has been filed against the order dated 13.07.2022 passed on C.M.A. No.20144/2021 filed under Order I, Rule 10, C.P.C. in Suit No.661/1979. 2. Briefly stated the facts of the case are that there were some property disputes between the Plaintiff and the Respondents regarding property bearing Naclass 21 of Deh Doozan, Sector 34/A, 34/B, 35/A, 35/B and 36/A of Scheme-33, Malir Karachi which was allotted in the name of late A.M. Qureshi on 14.10.1963. However on 07.1.1976 the Deputy Commissioner East Karachi cancelled the lease of the land and thereafter late A. M. Qureshi filed a Suit No.661/1979 before this Court seeking declaration, perpetual and mandatory injunction. Ad-interim injunction was then granted by this Court on 28.8.1979, which was subsequently confirmed on…

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