Suit was filed by the minor children against grandfather

7. The judgment titled “Sultan Ahmad v. Judge Family Court and 5 others” reported in (PLD 2012 Lahore 148) is not applicable to the facts and circumstances of this case and I respectfully do not follow the said judgment for the reasons that in the said case reliance has been placed on the case law titled as “Haji Nizam Khan v. Additional District Judge, Lyallpur and others” (PLD 1976 Lahore 930). In case titled “Haji Nizam Khan v. Additional District Judge, Lyallpur and others” a suit was filed by the minor children against grandfather whereas in this case respondent No.4 has instituted suit against real father and not against the petitioner (paternal grandfather). 

Part Of Judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT

WP- Family Law

11914-15

2015 LHC 6866