Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 152 & 153---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of agreement to sell---Correction in the and decree with regard to description of property---Principles---Suit was decreed whereafter petition for correction of and decree was moved which was accepted---Validity---Court had power to correct any clerical or arithmetical mistake in the , decree or order arising therein from any accidental slip or omission at any time even on its own motion or application of the parties---Such amendment should be made for the purpose of determining the real issue raised by or depending on such proceedings---Amendment in the description of property or parties could also be made under Ss.152 & 153, C.P.C.---Demarcation and boundaries of the suit property had been mentioned in the deed of agreement and only dispute was with regard to survey number of suit property---Court had power to correct such discrepancy---Order for amendment to be based upon appreciation of some material and not in vacuum---Spot inspection was necessary for ascertainment of survey number of suit property---Court, if deemed necessary could exercise power for determination of the on-spot position to avoid any injustice caused to any of the parties or any other mistake---No valuable right could accrue to the parties on the basis of mistake---Amendment urged by the plaintiff had rightly been granted which could not be recalled---Appeal was disposed of in circumstances. Muhammad Anwar and 8 others v. Muhammad Ashraf PLD 2001 SC 209 and Manzoor Hussain and 9 others v. Malik Karam Khan and 2 others 1991 SCMR 2451 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:---.- -- This appeal by leave of the Court has arisen out of the order passed by the High Court dated 03.08.2012, whereby, the learned High Court has dismissed the revision petition filed by the appellant. 2. Gist of the facts as narrated is that on 28.11.2006, the respondent filed a suit for specific performance of agreement-to-sell dated 27.9.2005 regarding the land comprising khewat No. 99, survey No. 1430, (having size of 46x30), measuring 5 marlas,…

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