Law:

Section:

(a) Civil Procedure Code (V of 1908)---S. 152---Constitution of Pakistan (1973), Art.185(3)---Correction of /decree---Leave to appeal was granted to examine whether High Court had justifiably rejected application for correction of /decree filed under S.152, C.P.C. (b) Civil Procedure Code (V of 1908)--S. 152---Constitution of Pakistan (1973), Art.185(3)---Correction of / decree ---High Court rejecting claim for amendment of /decree --­Validity---Principle of incorporation being available, remaining unattended--­Plaintiffs whole claim being founded on written agreement, same had been mentioned in plaint as the basis of title and, foundation of rights---Discrepancy between deed of agreement and the plaint with regard to description of property was neither pointed out by parties nor the Court detected it--Effect ---Where claim was founded on a decd, - contents whereof were incorporated in plaint, incorrect specification or incorrect description of particulars of property could always be resolved by reference to the deed so incorporated and not beyond--­Basic title-deed was the agreement which accompanied the plaint of which parties had full notice---Contest was deemed to centre round that document as stood incorporated in the plaint---Discrepancy in agreement deed and plaint, unless, detected by the parties to contest or by the Court and remained unattended, correction of the incorporating document to bring the same in conformity with incorporated document could not - be refused---Whatever the stage when discrepancy was detected, correction of same could take place by resort to 5.152, C.P.C.---Order of High Court refusing amendment and dismissing revision was set aside---Executing Court would permit correction of decree only to the extent of bringing same in conformity with title-deed and thereafter to proceed with execution thereof. Amir Abdullah Khan through Legal Heirs and others v. Col. Muhammad Attaullah Khan P L D 1990 SC 972 ref. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to the plaintiffs /decree-holders to examine whether the High Court of Balochistan has justifiably by its judgment, dated 11-12-1988 rejected an application filed under…

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