NOORA vs MUHAMMAD — 1970 SCMR 133

Citation: 1970 SCMR 133

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: NOORA vs MUHAMMAD

Headnotes

Case cited as 1970 SCMR 133

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman Title: NOORA vs MUHAMMAD Case No.:Civil Petition for Special Leave to Appeal No. 328 of 1967 Civil Revision No. JUDGMENT Reported As: 1970 SCMR 133 Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-In this case the respondent Muhammad was successful in obtaining a decree to the effect that he was the sole heir of one Mst. Allah Rakhi in respect of the property left by her. Later on, he discovered that in the description of the property of Mst. Allah Rakhi, he had omitted reference to certain khasra numbers. Then applied for amendment of the decree, to have the omitted khasra numbers included. His petition was dismissed, but he succeeded in obtaining relief in revision in the High Court. Noora, who was the contesting defendant in the suit, now seeks special leave to appeal from the order of the High Court. The order passed by the High Court does substantial justice between the parties. The decision of the trial Court originally was that Muhammad respondent was the sole heir of Mst. Allah Rakhi in respect of all her property. If, by inadvertence, in the description of the property thus left by her, the plaintiff-respon--dent failed to mention certain properties, it was eminently just and fair that he should have b--en allowed to apply for correction of the decree. The High Court has remanded the case to the trial Court, with a direction that the application for amendment may be…

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