| Case ID |
425a74d8-d476-48fa-8d9f-aabf9b5cc465 |
| Body |
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| Case Number |
W.P. No. 8728 of 2023 |
| Decision Date |
Feb 09, 2023 |
| Hearing Date |
Feb 09, 2023 |
| Decision |
The Lahore High Court dismissed the revision petition challenging the trial court's order which allowed the impleadment of Respondent No. 3 as a party in the suit. The Court ruled that there was no documented proof of divorce between the deceased and Respondent No. 3, and thus she was presumed to be the widow of the deceased. The Court emphasized that the factual controversy regarding the divorce could only be resolved through evidence. No illegality or jurisdictional defect was found in the orders of both Courts below, and the application under Order I Rule 10 CPC filed by Respondent No. 3 was rightly allowed. |
| Summary |
This case involves the Lahore High Court's ruling on a petition regarding the impleadment of a party in a civil suit under the Civil Procedure Code. The decision revolves around the claims of the petitioners regarding the marital status of the deceased and the legitimacy of the application to include the widow as a party. The Court highlighted the importance of documented evidence in establishing claims of divorce, ruling that the absence of such documentation does not support the petitioners' assertions. The ruling reinforces the principle that marital ties are presumed to continue until disproven, emphasizing the necessity of thorough evidence to resolve disputes over marital status and inheritance rights. Furthermore, this case underscores the procedural laws governing civil litigation in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muzamil Akhtar Shabir
|
| Lawyers |
Mr. Falak Sher Khan Niazi,
Mir Haroon Rasheed,
Rana Sher Zaman Akram,
Ch. Muhammad Naseer,
Syed Ali Allow-ud-Din,
Abrar Ahmad Chaudhry,
Mirza Shehryar Farhan Baig
|
| Petitioners |
Syed SAQLAIN SHAHANA (deceased) through Legal Heirs etc.
|
| Respondents |
ADJ, Okara
|
| Citations |
2024 SLD 4030,
2024 PLJ 115
|
| Other Citations |
2003 SCMR 981
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
10
|