Case Details

Citation(s)
1990 SLG 375 1990 SLD 375 = 1990 CLC 813

Civil Revision No: 768 of 1982, heard on 17th June 1989.
Muhammad Ilyas, J

KHUSHI MUHAMMAD and 4 others--Petitioners

VERSUS

KHAIRAT HUSSAIN and. 6 others Respondents

Law:

Section:

Facts giving rise to this civil revision are that the respondents, Khairat Hussain and others, filed a suit against the petitioners, Khushi Muhammad and. others, which was decreed by the Civil Judge, Wazirabad, District Gujranwala, on 24th April, 1975. An appeal was, therefore, taken by the petitioners before an Additional District Judge of Gujranwala. The appeal was admitted by him to a regular hearing. In the prayer made in the memorandum of appeal, which was in Urdu, the petitioners prayed for setting aside of the decision of the learned Civil Judge by referring to it as and not as judgment and/or decree. During the pendency of the appeal, how were, they filed an application for amendment of the memorandum of appeal so as to pray, in so many words, that his judgment and decree be set aside. Their application as well as the appeal were dismissed by the learned Additional District Judge holding that the appeal was not competent. View taken by him was that the appeal was directed against the judgment of the learned Civil Judge and not against the decree granted by him. Feeling aggrieved by the judgment and decree passed by the learned Additional District Judge, the petitioners have come up in revision to this Court.   It was contended by learned counsel for the petitioners `that it was evidence from the memorandum of appeal, especially the heading thereof, that the appeal was directed against the decree passed by the learned Civil Judge and, therefore, the learned appellate Court should not have dismissed the appeal on the ground that it was not so directed. Argument proceeds that even if it was not clear from the memorandum of appeal that their attack was against the decree, amendment of the memorandum of appeal sought by the petitioners should have been allowed so that real dispute between the parties could be decided. It was urged by him that a party could not be non-suited due to inartistic drafting of pleadings nor technicalities should be allowed to defeat the ends of justice. In this connection, reliance was placed by him on Imtiaz Ahmad v. Ghulam Ali and 2 others (P L D 1.963 S C 382) and Khan Azizul Hassan Khan v. Haji Muhammad Ismail P L D…
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