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Civil Procedure Code (V of 1908)-------S. 11 & O.XXII,, R. 5---Determination of question as to legal representative---Whether such determination operates as res judicata--­Decision of Court under O.XXII, R. 5, C.P.C. That a person is or is not the legal representative of the deceased party is not conclusive so as to operate as res judicata in a separate civil suit filed by a party claiming to be the legal representative of the deceased---Person who had applied to the Court to be impleaded as a party but was refused was not bound by the decision in the suit, he could competently bring a separate suit on the basis of his claim of being legal heir. of the deceased. Mst. Shaman Akhtar Qureshi v. Mst. Najma Lakhwera and others PLD 1992 Lah. 205: Muhammad Chiraghuddin v. Province of West Pakistan 1971 SCMR 447; Shah Noor Studios v. W.Z. Studios 1980 CLC 433; Ghulam Rasool v. Hamida Bev- PI,D 1992 Lah. 363; Iqbal Begum v. Farooq Inayat and others PLD 1993 Lah. 183; Muhammad Azam Khan v. Rehmat Ali and others PLD 1993 Lah. 836; Suraj Bali Singh and another v. Musammat P,tarbhuraji 169 IC 798; Zalim and others v. Babu Tirlochan Prasad Singh AIR 1937 Oudh 220; Daulat Ram v. Mst. Meero and others AIR 1941 Lah. 142; 28 All 109; AIR 1938 All 412; AIR 1934 Lah. 465 and Kala Chand Baierjee v. Jagannath Marwari and another AIR 1927 PC 108 ref. Jai Narain and others v. Ram Deo and others 8 Luck 477 Overruled. Sh. Khalil-ur-Rehman for Petitioners. Noor Muhammad Sheikh for Respondents. Date of hearing: 20th March, 1994. JUDGMENT This revision petition arises out of a suit for declaration and permanent injunction filed by the present petitioner on 3-8-1991 in the Court of Civil Judge, Lahore. Mst. Matlooban petitioner No. 1 claimed that she was widow of Mahmood Khan deceased while Mst. Aamna Mahmood, petitioner No. 2 claimed that she was daughter of the deceased and that respondents Nos.l and 2 were not the legal heirs of the deceased. Respondents Nos. 1 and 2 were duly served but they did not file any written statement in the suit. Instead they filed an application under Order 7, Rule It of the C.P.C. for rejecting the plaint on 15-9-1992. The said application was allowed by…

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