| Case ID |
149eca24-ee76-4dcc-a084-467ccfe98530 |
| Body |
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| Case Number |
Civil Petition No. 715 of 2020 |
| Decision Date |
Feb 17, 2023 |
| Hearing Date |
Feb 17, 2023 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the petitioner, Zafar Iqbal, allowing the appeal and setting aside the orders of the Lahore High Court and the Additional District Judge. The Court found that the respondents' application to amend the plaint was unjustified and that the interests of the respondents were better protected by Zafar Iqbal remaining as a defendant in the suit. The Court emphasized that the case had been delayed unnecessarily by the respondents, who were in possession of the suit property, thereby abusing the court's process. Costs were imposed on the respondents for their actions throughout the litigation. |
| Summary |
In the case of Zafar Iqbal vs. Additional District and Sessions Judge, Ferozewala, the Supreme Court of Pakistan addressed the issue of whether a legal heir should be allowed to be included as a defendant in a suit for specific performance of an oral sale agreement. The Court evaluated the implications of the amendment requested by the respondents, who aimed to challenge the petitioner's status as a legal heir. The Court determined that the amendment would not only complicate the ongoing litigation but also potentially affect the rights of the petitioner if the suit were decreed without him being a party. The decision emphasized the need for a fair trial and the importance of including all necessary parties to protect their rights. This ruling highlights the significance of procedural laws in civil cases, particularly in relation to the amendment of plaints under the Civil Procedure Code. The case serves as a critical reference for similar future litigations involving inheritance and property disputes, ensuring that all relevant parties are included in legal proceedings to uphold justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
QAZI FAEZ ISA,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Hafiz Muhammad Yusuf,
Aftab Alam Yasir,
Syed Rifaqat Hussain Shah
|
| Petitioners |
ZAFAR IQBAL
|
| Respondents |
others,
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FEROZEWALA
|
| Citations |
2023 SLD 572,
2023 SCMR 613
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
17
|