Law: Civil Procedure Code (V of 1908)

Section: 151, 152

Law: Indian Limitation Act (1X of 1908)

Section: 5

(a) Civil Procedure Code (V of 1908) Ss. 151 & 152-Rectification of errors-admission on part of office as well as that of Court--Held, entitles appellant-plaintiff either to apply to trial Court for amendment of decree even after passing of decree or to move appellate Court for amendment of decree.-[Decree]. (b) Administration of justice in Islam Duty of Court. Where the appellant was not represented by a counsel, he deserved all the more attention of the Court in a State that has come into existence in the name of Islam. A Presiding Officer of a Court-of law, entrusted with settlements of disputes, is under obligation to do justice. They are not dis charged of the obligation by inadvertent admission of the counsel regard ing a matter which is clearly wrong. Islam lays great emphasis on the hearing of the disputes and also the way in which the settlement is to be arrived at. Even according to the law, being administered in Pakistan, it is the duty of the Court to do justice between the parties. Administration of justice thus is the moral and legal obligation of the Court alone and while deciding a dispute between the parties the Courts are duty bound to examine the cause thoroughly to avoid the chance of error as far as possible and should not depend entirely on the Advocates. The appeal (so-called) worded in most inartistic manner. The Court should construe the pleadings liberally so as not to deny substantial justice to a litigant for unskilled drafting of the petition-writers. $. IV : 58 ; Haji Abdullah Khan and others v. Nisar Muhammad Khan and others P L D 1965 S C (Pak). 690 ; Prince Ghulam Muhammad Khan v, Settlement and Rehabilitation Commissioner 1972 S C M R 359 ; The Hidaya and Sri Manmatha Nath Kuri v. Moulvi Muhammad Mokhlesur Rehman and others P L D 1959 S C (Pak.) 565 ref. (c) Civil Procedure Code (V of 1908) S. 152-Rectification of errors-So-called appeal in fact petition for amendment-Question of limitation, held, would not arise in such a case and error in judgment and decree occasioned by a clerical error in plaint could be rectified by trial Court as well as by appellate Court.-[Limitation]. Sattar and others v. Nazir Khan and others A I…