Case ID |
16c31571-f1ee-453d-86b8-23277a5d03dd |
Body |
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Case Number |
Civil Revision No. 1252 of 1981 |
Decision Date |
Dec 21, 1992 |
Hearing Date |
Dec 21, 1992 |
Decision |
The Lahore High Court accepted the revision petition, set aside the impugned order dated 30-3-1981, and allowed the amendment of the plaint. The amendment will take effect from the date of the institution of the suit. The court emphasized that amendments in pleadings may be allowed at any stage of proceedings to secure the ends of justice, and the discretion of the court must be liberally exercised while considering the legitimate interests of the other side. The case was remanded for fresh decision on merit after submission of the amended plaint. |
Summary |
In the case of Civil Revision No. 1252 of 1981, the Lahore High Court dealt with the issue of amending a plaint under Order VI Rule 17 of the Civil Procedure Code, 1908. The petitioner, Muhammad Ashraf Sheikh, sought to amend his original suit for rendition of accounts against Aeroflot Airlines and Pakistan International Airlines to convert it into a suit for recovery of a specific amount. The court held that amendments could be allowed not only for minor typographical errors but also for substantial changes that serve the interests of justice. The judgment highlighted the importance of procedural flexibility to ensure that the judicial process serves its ultimate goal of justice. The court's ruling underscores the principle that the pursuit of justice should prevail over rigid procedural constraints. Keywords such as 'Civil Procedure Code', 'amendment of plaint', 'Lahore High Court', and 'ends of justice' are crucial for understanding the implications of the ruling and its relevance to ongoing discussions in legal circles regarding the interpretation of procedural laws. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
MIAN GHULAM AHMAD, J
|
Lawyers |
Fazal Miran,
Ghulam Haider AI-Ghazali
|
Petitioners |
MUHAMMAD ASHRAF SHEIKH
|
Respondents |
Messrs AEROFLOT AIR LINES,
Pakistan International Air Lines
|
Citations |
1993 SLD 438 = 1993 CLC 555
|
Other Citations |
Not available
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Laws Involved |
Civil Procedure Code (V of 1908)
|
Sections |
O.VI, R. 17,
S. 115
|