| Citation(s) |
|---|
| 2008 SLG 1690 2008 SLD 1690 2008 SCMR 762 |
Supreme Court of Pakistan
Civil Petition No.235-L of 2001, decision dated: 20-06-2005.(On appeal from the judgment, dated 17-11-2000 of the Lahore High Court, Lahore passed in Writ Petition No.346 of 2000)
FAQIR MUHAMMAD KHOKHAR AND M. JAVED BUTTAR, JJ
Malik Amjad Pervaiz, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.235-L of 2001, decision dated: 20-06-2005.(On appeal from the judgment, dated 17-11-2000 of the Lahore High Court, Lahore passed in Writ Petition No.346 of 2000)
FAQIR MUHAMMAD KHOKHAR AND M. JAVED BUTTAR, JJ
Malik Amjad Pervaiz, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioner. Nemo for
Respondents
MUBASHAR AHMED
VS
Mst. ZAHIDA PARVEEN and others
Law:
Section:
Specific Relief Act (I of 1877)----S. 12-Constitution of Pakistan (1973), Art.185(3)---Suit for specific performance of agreement---Petitioner filed written statement wherein execution of agreement between parties was not denied, but he subsequently moved application for amendment of written statement and for permitting him to deny execution of agreement at a belated stage after 18 years, which application was finally dismissed by High Court---No jurisdictional defect was found in the impugned , passed by High Court---All three courts were justified in taking the view that petitioner had sought to change the very basis of his written statement by introducing a new element of denial of execution of agreement---High Court had rightly held that it would change defence of petitioner if he was allowed to amend his written statement after a period of 18 years---In absence of any legal infirmity in the impugned passed by High Court leave to appeal was refused. ORDER FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal from judgment, dated 17-11-2000, passed by a learned Judge of the Lahore High Court, in, Writ Petition No.5346 of 2000. 2. The respondents Nos.1 to 8 instituted, in year 1975, against the petitioner, a suit for specific performance of an agreement. The petitioner filed his written statement on 1-1-1977 wherein the execution of the agreement between two parties was not denied. However, the petitioner moved an application on 6-11-1995 for amendment of the written statement and for permitting him to deny the execution of agreement at a belated stage after 18 years. The application was dismissed by the trial Court on 19-3-1996. His revision petition also met the same fate.…
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