| Case ID |
7361c107-7105-4ebc-ab9d-ed126802b864 |
| Body |
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| Case Number |
Civil Petition No. 1032 of 1984 |
| Decision Date |
Nov 05, 1984 |
| Hearing Date |
Nov 05, 1984 |
| Decision |
In this case, the petitioner challenged the wording of the Lahore High Court's order concerning the amendment of pleadings. The court determined that the phrase used did not preclude the trial court from examining the amendment on its merits. The Supreme Court dismissed the petition, affirming that the consent terms were adhered to and the wording did not create a fait accompli. The decision emphasizes the importance of allowing trial courts to retain discretion in procedural matters, particularly concerning amendments that arise from consent. |
| Summary |
This case revolves around the procedural aspects of amending pleadings under the Civil Procedure Code and the Constitution of Pakistan. The Supreme Court of Pakistan heard a civil petition challenging a decision from the Lahore High Court regarding the amendment of pleadings. The key issue was whether the language used by the High Court restricted the trial court's discretion to evaluate amendments based on merits. The Supreme Court clarified that the terms of consent must be respected and that the words in question did not negate the trial court's authority. This ruling reinforces the principle that procedural flexibility is crucial in the judicial process, ensuring that courts can address matters effectively without being constrained by overly rigid interpretations. The decision underscores the necessity of maintaining judicial discretion in civil proceedings, allowing for fair and just outcomes based on the specifics of each case. In the context of trending legal discussions, this case highlights the ongoing debates around procedural law, judicial discretion, and the balance between consent and judicial oversight. Legal practitioners should note the implications of this ruling for future cases involving similar procedural challenges. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
SHAFIUR RAHMAN, JJ
|
| Lawyers |
Ch. Mushtaq Ahmad Khan, Advocate Supreme Court,
S. Wajid Hussain, Advocate-on-Record,
Munir Hussain Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
KHUSHI MUHAMMAD and others
|
| Citations |
1986 SLD 398 = 1986 SCMR 278
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
185(3),
199,
O.VI, r.17
|