| Case ID |
25099ef2-6b79-40f9-812e-317e6e3ea8a9 |
| Body |
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| Case Number |
Civil Revision No. 39 of 2018 |
| Decision Date |
Jul 10, 2018 |
| Hearing Date |
Jul 09, 2018 |
| Decision |
The court dismissed the instant civil revision petition filed under section 115 read with 151, C.P.C. by the petitioners, who challenged the judgment/order dated 23-05-2018 of the learned District Judge/Land Acquisition Judge Diamer. The court found that the learned Land Acquisition Judge had correctly dismissed the application under Order I, Rule 10(4), C.P.C., stating that only amendments necessitated by the addition or striking out of parties could be permitted. The court concluded that the petitioners failed to demonstrate any illegality or perversity in the impugned order, affirming the decision of the lower court. |
| Summary |
This case revolves around the dismissal of a civil revision petition concerning land acquisition. The petitioners sought to amend their reference petition to add parties as respondents, which was denied by the Land Acquisition Judge. The High Court upheld this decision, emphasizing that amendments should not alter the nature of the suit. The ruling highlighted the procedural aspects of the Civil Procedure Code (V of 1908), particularly the stipulations under Order I, Rule 10(4). The case underscores the importance of adhering to procedural law in civil matters, especially regarding the addition of parties and amendments in petitions. Legal representatives included notable advocates who presented arguments before the judges. The decision serves as a precedent in the interpretation of procedural amendments in civil litigation. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
Malik Haq Nawaz,
Ali Baig
|
| Lawyers |
Muhammad Hussain Shehzad,
Johar Ali,
Munir Ahmed,
Akhtar Ali,
Addl. Advocate General
|
| Petitioners |
AHLIYANEDODISHAL THROUGH REPRESENTATIVES
|
| Respondents |
9 OTHERS,
THE COLLECTOR LAND ACQUISITION
|
| Citations |
2018 SLD 2501,
2018 YLR 2565
|
| Other Citations |
1989 SCMR 476
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.I,R.10(4)
|