| Case ID |
1a97ce81-68ad-46c7-9d52-73152d666b02 |
| Body |
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| Case Number |
Civil Petition No. 80 of 1979 |
| Decision Date |
Feb 27, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the amendment of the plaint was justified due to a bona fide mistake in the description of the property in the revenue record. The Court emphasized that the subject-matter of the suit was correctly described and that the petitioners were not prejudiced by the amendment. The petitioners' claim that the amendment took away vested rights was dismissed. The Court affirmed the decision of the Lahore High Court, which had previously allowed the amendment of the plaint despite the objections from the petitioners. |
| Summary |
In the case of Civil Petition No. 80 of 1979, the Supreme Court of Pakistan addressed the issue of amending a plaint due to a bona fide mistake in the description of property. The petitioner, Muhammad Amir, sought to correct certain Khasra numbers that were inaccurately listed due to clerical errors from the Patwari. The Court upheld the Lahore High Court's ruling allowing the amendment, asserting that the subject-matter of the suit was not in doubt. This case underscores the importance of accuracy in property descriptions within legal documents and the Court's willingness to permit amendments that rectify genuine mistakes without compromising the rights of the parties involved. Key legal principles from the Civil Procedure Code and the Constitution of Pakistan were considered, emphasizing the need for justice and fairness in legal proceedings. This decision is significant for practitioners and litigants in property law, as it clarifies the standards for amending legal pleadings in light of clerical errors. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
Aslam Riaz Hussain,
Shafiur Rahman
|
| Lawyers |
|
| Petitioners |
Sharif and others
|
| Respondents |
Muhammad Amir
|
| Citations |
1985 SLD 702,
1985 SCMR 1214
|
| Other Citations |
Wazir Muhammad and others v. Abdul Aziz and another 1982 SCMR 189
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
S.153,
O. VI, r.17
|