| Citation(s) |
|---|
| 1981 SLG 1317 1981 SLD 1317 1981 PLD 349 |
Supreme Court of Pakistan
MUHAMMAD HALEEM, ACTG. C.J., KARAM ELAHEE CHAUHAN AND SHAFIURREHMAN, JJ
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MUHAMMAD HALEEM, ACTG. C.J., KARAM ELAHEE CHAUHAN AND SHAFIURREHMAN, JJ
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COL. SHER AFZAL
VS
SHAMIM FIRDAUS AND ANOTHER
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- S. 11 & O. I, r, 10 read with Constitution of Pakistan (1973), Art. 185 (3)-Res judicata-Wife and son's suit for declaration of their being wife and son of S decreed by trial Court and all subsequent appeals, review etc. filed by S dismissed right up to Supreme Court and declaration made by trial Court maintained-Failing throughout S putting forward his second wife to file a miscellaneous application for being impleaded as a party in main appeal or in review application.No case pending. in Supreme Court nor even review wherein impleading as a party desired-Applicant even otherwise having no locus standi to file such application in a Us between S and his first wife and son, addition of a party in such context, held, misconceived and really tantamounting to restarting of another trial of a matter finally decided once again.-[Res judicata-Locus standi]. (b) Civil Procedure Code (V of 1908)--- S. 11 read with Constitution of Pakistan (1973), Art. 185 (3)-Res judicata-Second wife of defendant in main suit having already come into wedlock of such defendant when main suit filed and having throughout remained in touch with case and helped her husband in contesting points in controversy but making no application for being added as a party during pendency of case in various Courts for a period of 16 years and putting in present application only when litigation between plaintiff and defendants came to end, application for being -added as a party, held, lacks bona fides and also suffers from want of locus standi, inordinate laches and delay and consequently without any merit.-[Laches-Locus standi-Res judicata]. (c) Civil Procedure Code (V of 1908)--- S. 11 and O. 1, r. 10 read with Constitution of Pakistan (1973), Art. 185 (3)- Res judicata-Purpose behind submission of application for being added as a party alleged to be to help applicant's husband by leading additional evidence in form of a "genital test" allegedly helpful in resolving issue of paternity of plaintiff No. 2 in main suit-Such prayer already made in review petition filed by applicant's husband and decided against him-No justification, held, existed for reopening…
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