| Case ID |
0fbb5a8d-7fc1-453d-b7f0-6c58a97b5d83 |
| Body |
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| Case Number |
Civil Revision No. 11 of 2019 |
| Decision Date |
Dec 19, 2019 |
| Hearing Date |
|
| Decision |
The Balochistan High Court allowed the Civil Revision Petition No. 11 of 2019, setting aside the order of the executing court dated November 17, 2018. The court accepted the application under Section 152 of the Civil Procedure Code filed by the petitioners, allowing the correction of the area of the house mentioned in the allotment order from 5400 sq. ft. to 7065 sq. ft. The court emphasized that the omission in specifying the correct area was an inadvertent error and supported the correction based on the title deed and allotment order. The executing court was directed to expedite the verification process and realization of the amended decree within three months. |
| Summary |
In the case of Civil Revision No. 11 of 2019 decided by the Balochistan High Court, the main issue revolved around the amendment of a decree concerning a partition of immovable property. The petitioners, led by MST. Nuzhat Gulzar, sought to correct the specified area of a house that was erroneously mentioned as 5400 sq. ft. in the previous decree instead of the actual area of 7065 sq. ft. The court ruled in favor of the petitioners, stating that the discrepancy was an inadvertent omission and emphasized the importance of accurate property descriptions in legal documents. This ruling underscores the significance of the Civil Procedure Code's provisions for amending decrees to reflect true and accurate information, thereby safeguarding the rights of the parties involved. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD EJAZ SWATI
|
| Lawyers |
Mumtaz Hussain Baqri,
Rasool Bakhsh Baloch,
Inamullah Kakar
|
| Petitioners |
10 OTHERS,
MST. NUZHAT GULZAR
|
| Respondents |
2 OTHERS,
SHAMIM GUL DURRANI
|
| Citations |
2020 SLD 1811,
2020 CLC 1334
|
| Other Citations |
Manzoor Hussain and 9 others v. Malik Karam Khan and 2 others 1991 SCMR 2451
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
152,
153
|