| Case ID |
2e6f4fe0-3ddf-47f6-9ae8-60840dabebc3 |
| Body |
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| Case Number |
Civil Appeal No.303 of 1986 |
| Decision Date |
Nov 28, 1988 |
| Hearing Date |
Nov 28, 1988 |
| Decision |
In this case, the Supreme Court of Pakistan addressed the issue of the amendment of pleadings and the withdrawal of a suit. The Court found that the grounds submitted for the withdrawal of the suit were such that the defects could be remedied by allowing an amendment of the plaint. The Court emphasized that amendment of the plaint could be permitted at any stage of the proceedings to ensure that justice is served. The Court set aside the impugned orders and remanded the case to the Trial Court, allowing the respondents to amend the plaint to clearly state the jurisdictional facts, remove formal defects, and annex a site plan. This decision highlighted the importance of proper drafting in legal documents and the flexibility of the courts to allow amendments for the sake of justice. |
| Summary |
The case revolves around the legal principles governing the amendment of pleadings in civil suits under the Constitution of Pakistan, 1973, and the Civil Procedure Code. It underscores the Supreme Court's authority to allow amendments to pleadings at any stage in the interest of justice. The case involved a dispute over land ownership and the jurisdiction of civil courts versus revenue courts. The Supreme Court's decision to remand the case back to the Trial Court with instructions to allow amendments aims to ensure that all jurisdictional facts are adequately addressed and all formal defects are corrected. This case serves as a precedent for similar legal matters involving procedural amendments and the withdrawal of suits, emphasizing the courts' commitment to achieving substantive justice over procedural technicalities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
USMAN ALI SHAH,
NAIMUDDIN
|
| Lawyers |
Syed Muhammad Ayub Bukhari; Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Appellants,
Malik Muhammad Jaffar, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record (absent) for Respondents
|
| Petitioners |
others,
MUHAMMAD ASHRAF
|
| Respondents |
others,
MUHAMMAD AKRAM KHAN
|
| Citations |
1989 SLD 727,
1989 SCMR 732,
1989 SLD 1283
|
| Other Citations |
Gurprit Singh and another v. Punjab Government A I R 1946 Lah. 429,
Karamat Ali and another v. Muhammad Yunus Haji and others (P L D 1963 SC 191)
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
O.VI, R.17,
OXXIII, R.1,
OXXXIII, R.5
|