| Case ID |
1b01e290-be63-456e-8698-044721ebc3e3 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 722 of 1986 |
| Decision Date |
Jul 28, 1987 |
| Hearing Date |
Jul 28, 1987 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the concurrent findings of the Trial Court and First Appellate Court regarding the ownership of the disputed house. The court noted that the petitioners failed to demonstrate any infirmity in the findings of the lower courts and that their application to amend the written statement, which sought to introduce a plea of adverse possession, was made too late in the proceedings. The court emphasized that no explanation was provided for not raising the plea earlier, and allowing the amendment would have necessitated further evidence, thus disrupting the trial process. The dismissal of the petition was grounded in procedural propriety and the lack of merit in the arguments presented by the petitioners. |
| Summary |
In this Supreme Court case, the core issue revolved around the ownership of a house disputed between the petitioners and respondents. The court upheld the findings of the Trial and First Appellate Courts, which had determined that the house belonged to the predecessor-in-interest of the respondents. The petitioners' attempt to amend their written statement to include a plea of adverse possession was rejected due to the timing of the application, as it was presented after the recording of evidence was completed. The Supreme Court ruled that the petitioners could not justify their late plea and dismissed the petition, reinforcing the importance of timely legal arguments in civil procedure. This case underscores the necessity for parties to present their claims and defenses at the appropriate stages of litigation to ensure fair trial principles are upheld. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Shafiur Rahman, Justice,
Javid Iqbal, Justice
|
| Lawyers |
Muhammad Ismail Chaudhri, Advocate Supreme Court,
Mahmood A. Qureshi, Advocate-on-Record for Petitioners,
Taqi Ahmad Khan, Advocate Supreme Court,
Mehdi Khan Mehtab, Advocate-on-Record for Respondents
|
| Petitioners |
Ijaz Mahmood and Others
|
| Respondents |
Manzoor Hussain and Others
|
| Citations |
1988 SLD 211,
1988 SCMR 34
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (Amendment) Ordinance, 1980,
Constitution of Pakistan, 1973
|
| Sections |
17,
115,
185(3)
|