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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ALLAH YAR AND 9 OTHERS VS Respondent: FAZAL KARIM AND 5 OTHERS
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Shafi-ur-Rehman Title: ALLAH YAR AND 9 OTHERS vs FAZAL KARIM AND 5 OTHERS Case No.:Civil Petition for Special Leave to Appeal No, 284 of 1982 Civil Revision No,
327 of 1978 Date of Judgment:1985-09-06 Reported As: PLD 1985 Supreme Court 438 Result: Leave refused Judgment 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 trill 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 person" namely, Allah Yar was intended to be impleaded as the defendant and no other person in his place was to be impleaded as a defendant, by a clerical mistake instead of writing the name of the said person as Allah Yar son of Kamir it was mentioned as Amir son of Kamir. The trial Court held that the mistake was clerical. The finding of the High Court for that very reason is that although the' 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. It was not a mistake in impleading a wrong person. It was a' mistake in describing the correct person through a wrong name. The approach of the High Court is unexceptionable. The amendment allowed by the trial Court is in accordance with the principle laid down in a recent judgment of this Court in Mst. Ghulam Bibi and others v. Sarsa Khan and others (1). This petition fails, leave to appeal accordingly, is refused. (1) PLD 1985 SC 345