-- S . 42 --- Paternity of child --- Suit for declaration challenging paternity of a child --- Suit was filed about seven months after the death of the child's father " AH " and at a time when the child was aged about 17 years --

 2023 SCMR 6

Specific Relief Act ( I of 1877 ) ---

---- S . 42 --- Paternity of child --- Suit for declaration challenging paternity of a child --- Suit was filed about seven months after the death of the child's father " AH " and at a time when the child was aged about 17 years --- Adm ' ed child was brought up by " AH " and his wife ( the respondent ) as their daughter and as long as " AH " lived , the child's paternity was not questioned by the plaintiffs / petitioners who , for the first time , did so after the father , " AH " had departed from this world --- Respondent / mother testified that the child was her and " AH's " daughter --- Petition for leave to appeal and application were dismissed .

Relief Act ( I of 1877 ) ---

---- S . 42 --- Paternity of child --- Suit for declaration challenging paternity of a child --- Maintainability --- Through their declaratory suit the plaintiffs / petitioners sought a negative declaration to the effect that the child in question was not the daughter of " AH " but of " MZ " --- To challenge another's paternity / legitimacy is not an assertion of one's own legal character in terms of section 42 of the Specific Relief Act , 1877 --- However , a person whose legal character , including paternity , was being denied such person could file a suit to claim it , but the present case was not such a case --- -Plaintiffs lacked legal character under section 42 of the Specific Relief Act , 1877 --- Petition for leave to appeal and application were dismissed .

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