| Case ID |
41017f75-8207-4739-b952-c295bd5e61f6 |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, confirming the findings of the lower courts regarding the ownership of the disputed house. The petitioners' application for amendment of their written statement to introduce a plea of adverse possession was rejected as it was made too late in the trial process, after the evidence had been recorded and the case was set for arguments. The Court found no merit in the petitioners' arguments and upheld the decision of the Trial Court. |
| Summary |
This case revolves around a dispute over the ownership of a house, with the Supreme Court of Pakistan affirming the lower courts' decisions that the house belonged to the predecessor-in-interest of the respondents. The petitioners sought to amend their written statement to include a plea of adverse possession but did so at a late stage in the proceedings. The Court ruled that allowing such an amendment would necessitate further evidence, which was not justified as no explanation was provided for the delay in raising this plea. Consequently, the petition was dismissed, reinforcing the principle that procedural timelines must be adhered to in judicial proceedings. This case highlights the importance of timely action in legal disputes and the courts' reluctance to allow amendments that disrupt the trial process. |
| Court |
Supreme Court of Pakistan
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| Entities Involved |
Not available
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| Judges |
SHAFIUR RAHMAN,
JAVID IQBAL,
SAAD SAOOD JAN
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| Lawyers |
Learned counsel for the petitioners
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| Petitioners |
others,
IJAZ MAHMOOD
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| Respondents |
others,
MANZOOR HUSSAIN
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| Citations |
1988 SLD 2131 = 1988 SCMR 34
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| Other Citations |
Not available
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| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
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| Sections |
17,
115,
185(3)
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