| Case ID |
2a18102e-3343-4330-8d92-e83579eda5eb |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 1022 of 198 |
| Decision Date |
Jun 11, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the petitioners. The court ruled that the trial court's decision to allow the amendment of the plaint was justified, as it did not violate the principles of natural justice. The petitioners' claim that they were prejudiced due to the lack of opportunity to submit an amended written statement was not compelling, and the High Court's acceptance of the argument from the petitioners' counsel was upheld. Therefore, the leave to appeal was refused, confirming the lower court's remand order. |
| Summary |
This case revolves around the procedural nuances of civil litigation, particularly focusing on the amendment of plaints and written statements under the Civil Procedure Code of 1908. The case originated from a suit for declaration where the trial court allowed the plaintiff to amend their plaint but failed to give the defendants a chance to submit an amended written statement. The High Court subsequently accepted the defendants' appeal, citing errors in the trial court's procedure and remanding the case for correction. The Supreme Court, however, upheld the High Court's decision, emphasizing the importance of procedural fairness and the right of the defendants to respond adequately to the amended plaint. This case underscores the critical balance between procedural integrity and substantive justice in civil litigation, making it a significant reference point for legal practitioners dealing with amendments in civil suits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
USMAN ALI SHAH
|
| Lawyers |
M. Hanif Niazi, Advocate Supreme Court,
S. Ali Imam Naqvi, Advocate-on-Record for Petitioners,
Sh. Hamid Mukhtar, Advocate Supreme Court,
Ch. Mohammad Aslam, Advocate-on-Record for Respondents Nos. 1 to 3
|
| Petitioners |
another,
MUHAMMAD SHARIF
|
| Respondents |
3 others,
MUHAMMAD LATIF
|
| Citations |
1989 SLD 2041,
1989 SCMR 2040
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (v of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O.VI, R.17,
Art. 185 (3)
|