1989 PLP 1216 (SCMR)
FAQIR MUHAMMAD and others‑‑Petitioners Versus Haji INAYATULLAH and others‑‑Respondents
| Citation | 1989 PLP 1216 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Allah arid Ali Hussain Qazilbash, JJ |
| Parties | FAQIR MUHAMMAD and others‑‑Petitioners Versus Haji INAYATULLAH and others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1216 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1216 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Allah arid Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1216 (SCMR) (FAQIR MUHAMMAD and others‑‑Petitioners Versus Haji INAYATULLAH and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Z. Mahfuz Khan, Advocate‑on‑Record for Petitioners.
- Abdur Rahman Khan, Advocate Supreme Court and Qasim Imam, Advocate‑on‑Record for Respondents.
- Date of hearing: 13th April, 1988.
Headnotes / Summary
‑‑‑O.VI, R.17‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Dismissal of plaintiffs' application for amendment of plaint at appellate stage‑‑Plaintiffs' revision challenging dismissal of their application for amendment, dismissed by High Court‑‑Question regarding amendment of plaint could have been adequately dealt with, if plaintiffs had brought the matter in the High Court in the case of his failure in the First Appellate Court‑‑Petition for leave was thus converted into appeal‑‑Dismissal of plaintiffs' revision by High Court was upheld but on a different ground viz. that the revision should have been dismissed as premature, in circumstances of the case‑‑Appeal, so converted was dismissed with the remark that the points raised by plaintiffs against the dismissal of their application for the amendment of plaint, might be raised again before the High Court, if they failed before the First Appellate Court.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑This petition arises out of dismissal of the petitioner's application for amendment of his plaint at the appellate stage. His suit was dismissed earlier by the trial Court. His appeal was still pending when he filed a revision in the High Court challenging the dismissal of his application for amendment. That revision having been dismissed on merits, he has now sought leave to appeal.
2. After some hearing, both the learned counsel agreed that the question regarding amendment of the plaint in the circumstances of this case, could have been adequately dealt with, if the petitioner had brought the matter in the High Court in the case of his failure in the first appellate Court. Accordingly, we convert this petition into appeal and upholding the dismissal of the petitioner's revision by the High Court; but on a different ground, namely that the revision should have been dismissed as premature, in the circumstances of this case. Therefore, in the light of the foregoing, the appeal, so converted, is dismissed with the remark that the points raised by the appellants against the dismissal of their application for amendment of the plaint, might be raised again before the High Court, if they fail before the first appellate Court. There shall be no order as to costs. A.A./F‑106/S Appeal dismissed.