| Case ID |
e2d10975-97f0-4900-912c-71a15ef5ba6d |
| Body |
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| Case Number |
Writ Petition No.3924 of 1982 |
| Decision Date |
Dec 20, 1999 |
| Hearing Date |
Dec 20, 1999 |
| Decision |
The Lahore High Court accepted the petition, declaring the order of the learned District Judge dated 5-7-1982 illegal and of no legal effect. The Court found that the amendment in the plaint was justified as it aimed to rectify an inadvertent omission regarding the land in Mauza Jalalpur Jagir. The Court emphasized that the trial court was empowered to allow such amendments at any stage of the proceedings to ensure the determination of real questions in controversy. The order of the lower appellate court was deemed arbitrary and unwarranted, resulting in the High Court's intervention. |
| Summary |
In the case of Writ Petition No.3924 of 1982, the Lahore High Court addressed the issue of an amendment to a plaint challenging the validity of a gift deed. The petitioners sought to include a previously omitted land in Mauza Jalalpur Jagir, which the trial court recognized as an inadvertent error. The court allowed the amendment, emphasizing that it was within the limitations for challenging the gift deed and that the suit was still at an initial stage. The decision underscored the court's authority to permit such amendments to clarify the real issues at stake. The High Court ultimately set aside the lower appellate court's decision, reinforcing the principles of judicial discretion and the necessity of allowing amendments to facilitate justice. This case highlights the importance of procedural flexibility in civil litigation, particularly in matters concerning property rights and the validity of legal documents. The court's ruling contributes to the evolving jurisprudence surrounding amendments in pleadings and the scope of revisional jurisdiction under the Civil Procedure Code, making it a significant reference for future cases involving similar procedural questions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Badarul Arneer,
Mansoorur Rehman Khan Afridi
|
| Petitioners |
another,
MUBARIK ALI SHAH
|
| Respondents |
10 others,
NAZIR AHMAD SHAH
|
| Citations |
2000 SLD 1902,
2000 CLC 892
|
| Other Citations |
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345,
SEMCO Salvage PTE Limited v. m.v. Kaptan Yusuf Kalkavan and another 1993 SCMR 593,
Bashir Ali Khan v. Qaiser Ali Khan and 2 others PLD 1973 SC 507,
Abdul Aziz Shah and another v. Abdul Ghafoor and another 1985 SCMR 221,
Ch. Ahmad Din and 2 others v. The Australasia Bank Ltd., Bhalwal 1971 SCMR 507
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
0. VI, R.17,
S. 115,
Art.199
|