SHARAF AND 8 Others vs SARDAR BIBI AND 10 Other — 1972 SCMR 528

Citation: 1972 SCMR 528

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: SHARAF AND 8 Others vs SARDAR BIBI AND 10 Other

Headnotes

Case cited as 1972 SCMR 528

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title: SHARAF AND 8 Others vs SARDAR BIBI AND 10 Other Case No.:Civil Petitions for Special Leave to Appeal Nos. 81 and 493 of 1972 Civil JUDGMENT Reported As: 1972 SCMR 528 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-Both these petitions arise out of the order of a learned Single Judge of the Lahore High Court allowing the amendments sought for by the respondents. The predecessor in interest of respondents had instituted a suit for pre-emption on the 11th November 1959, against the petitioners who are purchasers. On the 27th September 1966, the respondents applied for amendment of the plaint under Order VI. Rule 17 of the Code of Civil Procedure for the substitution of some Khasra Numbers mentioned in the plaint. This application was rejected on the 13th October 1966, and the respondent filed a Civil Revision No. 511. Of 1965, before the High Court. On the 8th November 1966, the respondents made another application for the amendment of the plaint under Order VI, rule 17 and prayed for adding a Khasra Number, namely, Khasra No. 264 in Khata No. 18 which had not been included in the plaint. This application too, was rejected on the 18th November 1966, and the respondents accordingly filed Civil Revision No. 612 of 1966 before the High Court. The High Court on the 7th February 1972. Allowed both the petitions of the respondents and directed the amendments prayed for by…

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