| Case ID |
08b6af46-25dd-43eb-9f6d-c539863b1457 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 1363 of 2010 |
| Decision Date |
Oct 13, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitioners' application for amendment of pleadings filed at a belated stage in their ongoing suit for specific performance of a contract. The Court found that the petitioners failed to provide adequate justification for not raising the pleas earlier in the trial process, indicating that their application was merely a tactic to introduce evidence after their right to lead evidence had been closed. The decision emphasized the importance of timely amendments in pleadings and the principle that parties cannot achieve indirectly what they could not achieve directly. The Court upheld the lower courts' decisions, stating that there were no legal grounds to interfere with their rulings. |
| Summary |
This case revolves around the petitioners' application for amendment of pleadings in a suit for specific performance of a contract. The Lahore High Court reviewed the timeline and circumstances under which the application was filed, noting that it was submitted after the petitioners had already closed their right to lead evidence. The Court highlighted significant legal principles regarding pleadings and amendments, stressing that such applications must be timely and justified. The Court ultimately concluded that allowing the amendment would change the nature of the suit and would be inconsistent with established legal precedents. The decision reinforces the necessity for litigants to adhere to procedural timelines and the importance of maintaining the integrity of the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAMOON RASHID SHEIKH, J
|
| Lawyers |
Ch. Muhammad Ashraf,
Mahmood Ahmad Bhatti
|
| Petitioners |
others,
MUNAWAR MEHMOOD
|
| Respondents |
others,
NADEEM SIDDIQUI
|
| Citations |
2011 SLD 537,
2011 CLC 130
|
| Other Citations |
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345,
Mst. Rahim Noor v. Mst. Salim Bibi and 2 others PLD 1992 SC 30,
Ghulam Nabi v. Sardar Nazir Ahmad 1985 SCMR 824,
SEMCO Salvage Pte Limited v. M.V. Kaptan Yusuf Kalkavan and another 1993 SCMR 593,
Keramat Ali and another v. Muhammad Yunus Haji and others PLD 1963 SC 191,
Ijaz Mahmood and others v. Manzoor Hussain and others 1988 SCMR 34,
Dr. Hasan Mahfuz Jalisi v. Khawaja Moinuddin and 2 others PLD 2006 Kar. 98,
Atlantic Steamer's Supply Company v. M.V. Titisee and others PLD 1993 SC 88,
Muhammad Munir v. Shahida Saleem 2009 YLR 483,
Abdul Hameed Dogar v. Federation of Pakistan and others 2010 SCMR 312,
Nazir Ahmad and 8 others v. Commissioner, Lahore Division Lahore and 3 others 2000 MLD 322
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. VI, R. 17
|