| Case ID |
1757a9db-2817-433e-8df8-116f2b420f2e |
| Body |
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| Case Number |
Civil Petition No.235-L of 2001 |
| Decision Date |
Jun 20, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal from the judgment dated 17-11-2000 of the Lahore High Court. The petitioner sought to amend his written statement to deny the execution of an agreement after 18 years, a request that was dismissed by the trial court and upheld by the High Court. The court found no jurisdictional defect and upheld the view that allowing such an amendment after such a long period would change the basis of the petitioner's defense. Therefore, the leave to appeal was refused. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the issue of specific performance of an agreement under the Specific Relief Act. The petitioner, MUBASHAR AHMED, sought to amend his written statement to deny the execution of the agreement, which had not been contested for 18 years. The Lahore High Court had dismissed his request, leading to an appeal to the Supreme Court. The Supreme Court upheld the High Court's decision, emphasizing that allowing such a belated amendment would fundamentally alter the defense. This case highlights the importance of timely objections in legal proceedings and the consequences of delays in raising defenses. The ruling reinforces the principles of justice and the need for parties to adhere to procedural rules. The decision is significant for legal practitioners, particularly in matters concerning the Specific Relief Act, as it delineates the boundaries of permissible amendments in pleadings. Keywords: Specific Performance, Legal Amendments, Supreme Court of Pakistan, Procedural Justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
M. JAVED BUTTAR
|
| Lawyers |
Malik Amjad Pervaiz,
C.M. Lateef
|
| Petitioners |
MUBASHAR AHMED
|
| Respondents |
others,
Mst. ZAHIDA PARVEEN
|
| Citations |
2008 SLD 1690,
2008 SCMR 762
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
12,
185(3)
|