1999 PLP 1939 (YLR)
BASHIR KHAN‑‑‑Petitioner Versus FAQIR MUHAMMAD and others‑‑‑Respondents
| Citation | 1999 PLP 1939 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Jawaid Nawaz Khan Gandapur, J |
| Parties | BASHIR KHAN‑‑‑Petitioner Versus FAQIR MUHAMMAD and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 1939 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1939 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Jawaid Nawaz Khan Gandapur, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1939 (YLR) (BASHIR KHAN‑‑‑Petitioner Versus FAQIR MUHAMMAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Sattar Khan for Petitioner.
- Mian Muhammad Younis Shah for Respondent.
- Date of hearing: 7th June, 1999.
- Mr. Abdul Sattar Khan, Advocate learned counsel for the petitioners and Mian Muhammad Younis Shah, Advocate learned counsel for the respondents present and heard at length. Record of the case perused.
Headnotes / Summary
Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑S. 115 & O. VI, R. 17‑‑‑Order allowing amendment of plaint‑‑‑Not a case decided‑‑ Order of Lower Appellate Court allowing amendment of plaint was not a "case decided "‑‑‑Revision was not competent. Nawabzada Malik Habibullah Khan v. The Pak Cement Industries Limited and others 1969 SCMR 965 and Ch. Ahmad Din and 2 others v. Australasia Bank Ltd. Bahalwal 1971 SCMR 507 rel.
Judgment & Decree
(1) 1969 SCMR 965: Present: Hamoodur Rehman and Muhammad Yaqub Ali, JJ. Nawabzada Malik Habibullah Khan v. The Pak Cement Industries Limited and others "Civil Procedure Code (V of 1908), S.115 & O.XIII, R.2‑‑‑Party permitted by Court to place on record certain documents after framing of issues‑‑‑Such order admitting or declining to admit evidence oral or documentary not "case decided" so as to attract provisions of S. 115." (2) 1971 SCMR 507: Present: Muhammad Yaqub Ali, M.R. Khan and Waheeduddin Ahmad, JJ. Ch. Ahmad Din and 2 others v. The Australasia Bank Ltd., Bahalwal "Civil Procedure Code (V of 1908), S. 115 & O.VI, R.17‑‑‑Words "case which has been decided" ‑‑‑Order allowing amendment of plaint‑‑‑Not a "case decided"‑‑‑High Court not competent to entertain revision application against such order."
3. This revision petition is, therefore, without any substance and is accordingly dismissed with costs. Q.M.H./M.A.K./392/P Revision dismissed