SULTAN Alias SULTAN AHMAD vs Mehr NAWAZISH ALI AND ANOTHER — 1971 SCMR 185

Citation: 1971 SCMR 185

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: SULTAN Alias SULTAN AHMAD vs Mehr NAWAZISH ALI AND ANOTHER

Headnotes

Case cited as 1971 SCMR 185

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: SULTAN Alias SULTAN AHMAD vs Mehr NAWAZISH ALI AND ANOTHER Case No.:Civil Petition for Special Leave to Appeal No. 312 of 1970 Civil Revision No. JUDGMENT Reported As: 1971 SCMR 185 Result: Leave refused Judgment JUDGMENT M. R. KHAN, J.-The first respondent brought a suit for pre--emption against the petitioner. The petitioner filed a written statement contending inter alia that the transaction in question was an exchange and not a sale. On the 29th June 1963, the plaintiff of the suit made an application for amendment of the plaint which was allowed after hearing the objection of the petitioner. Subsequently, the plaint of the suit was returned on the 20th April 1964, as its valuation was found to exceed the pecuniary jurisdiction of the Court. On the same date, the plaint, in its original unamended form was presented in the Court of the Senior Civil Judge. Sometime thereafter, the plaintiff filed another application for amendment of the plaint. The amendment sought was the same as was allowed earlier by the Court which had returned the plaint. In spite of the petitioner's objection, the amendment of the plaint was allowed on the 21st September 1964, on condition of the plaintiff's paying a cost of Rs. 200 to the petitioner. Thereafter, the petitioner moved the High Court in revision against the order allowing the amendment of the plaint. The High Court passed an order…

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