| Citation(s) |
|---|
| 1985 SLG 285 1985 SLD 285 1985 PLD 438 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 284 of 1982, decision dated: 7-09-1985.
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ
Ch. Muhammad Farooq, Senior Advocate Supreme Court. Nemo.
Civil Petition for Special Leave to Appeal No. 284 of 1982, decision dated: 7-09-1985.
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ
Ch. Muhammad Farooq, Senior Advocate Supreme Court. Nemo.
ALLAH YAR AND 9 others
VS
FAZAL KARIM AND 5 others
Law:
Section:
Civil Procedure Code (V of 1908)-- O. I., r. 10 & O. VI, r. 17-Impleading of parties-Amendment of pleadings-Same person namely AY son of K was intended to be impleaded as defendant and no other person in his place was to be impleaded (as defendant) but by a clerical mistake instead of writing name of said person as AY son of K it was mentioned as A son of K-Finding of High Court that although same person who was in reality a vendee was intended to be impleaded his name was wrongly mentioned, therefore, it was not a case of omission to implead a person who should have been impleaded as a defendant, was held be unexceptionable being in accordance with by Supreme Court in Mst. Ghulam Bibi v. Sarsa Khan P L D 1985 S C 345. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has 'been sought from judgment dated 24-1-1982 of the Lahore High Court; whereby petitioners (vendees-defendant's) Civil Revision challenging the grant of permission by the trial Court to the respondent plaintiff to correct the particulars of Allah Yar petitioner defendant in the array, of defendants in the plaint, was dismissed. Allah Yar petitioner was undoubtedly one of the vendees who should have been arrayed as a defendant in the plaint. The respondents' plea was that although the "same…
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