1989SCMR998 (PLP)
ATA-UR-REHMAN — Petitioner Versus Capt. SHAHID SALEEM LONE and others — Respondents
| Citation | 1989SCMR998 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | ATA-UR-REHMAN — Petitioner Versus Capt. SHAHID SALEEM LONE and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1989SCMR998 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR998 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR998 (PLP) (ATA-UR-REHMAN — Petitioner Versus Capt. SHAHID SALEEM LONE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iftikhar Ahmad Dar, Advocate Supreme Court and Rana MA. Qadri, Advocate-on-Record for Petitioner.
- Ziaullah Sh.,Advocate Supreme Court and MA. Qureshi, Advocate-on Record for Respondents.
- Date of hearing: 14th September, 1988.
- Iftikhar Ahmad Dar, Advocate Supreme Court and Rana MA. Qadri, Advocate‑on‑Record for Petitioner.
- Ziaullah Sh.,Advocate Supreme Court and MA. Qureshi, Advocate‑on Record for Respondents.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Lahore, dated 30-9-1984 in Writ Petition No.973 of 1982).
O.VI, R.17--Constitution of Pakistan (1973), Art.185(3)--Amendment and correction of plaint was allowed by Trial Court and upheld in revision--High Court in Constitutional jurisdiction reversed the order--Leave to appeal was granted to examine points raised in petition as also the question whether the. petitioner could not have been allowed to amend the plaint and whether Trial Court itself could not have corrected the record in the facts and circumstances of the case.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the plaintiff in a suit for specific performance against, the "disposal" by the. High Court of a Writ Petition filed by the respondents side. On an objection raised from the defendants side on an application for the correction of the plaint by the petitioner‑plaintiff, the learned trial Court allowed the amendment and correction of the plaint regarding impleading a dead man a defendant. The learned District Judge on respondents' revision upheld the: order of the learned trial Court. A learned Judge in the High Court on respondents' writ petition passed the following operative order:‑ As a result of the above discussion the orders passed by the trial Court, dated 27‑7‑1981 and of the revisional Court, dated 27‑1‑1.982 to the extent that they permit impleading of Mst. Hajran Saleem widow and Mst. Salma Rasheed and Mst. Asmat Sultana two daughters of late Abdul Saleem Lone are declared to be of no legal effect. The suit against the remaining defendants, however, may continue. The writ petition is disposed of in these terms." After hearing the learned counsel, we consider it a fit case to examine the points raised in the petition as also the question whether the petitioner could not have been allowed to amend the plaint and whether the trial Court itself could not have corrected the record in the facts and circumstances of this case. Security Rs. 5,
000. The appeal shall be prepared on the present record with direction to the arties to file ail necessary additional documents. No alienation of the property by any party during the pendency of the matter in this Court. A.A./A‑441/S Leave granted.