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Citation: 1956 PLD 474
Court: High Court of Azad Jammu and Kashmir
Year: 1971
Decision Date: 1971-10-02
Parties: MUHAMMAD SHARIF vs Khawaja HABIB JOO
Case cited as PLD 1956 Lah. 474
Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif Title: MUHAMMAD SHARIF vs Khawaja HABIB JOO Case No.: Civil Revision No. 32 of 1971 Date of Judgment:1971-10-02 Reported As: PLD 1972 Azad J & K 22 Result: Petition dismissed JUDGMENT JUDGMENT This is a revision petition against the order of the Sub-Judge, Muzaffarabad, doted 27-2-1971 by which the respondent was allowed to make and amendment in his plaint. The facts giving rise to this revision petition are that Kh. Habib Joo, a resident of Pallari, brought a suit for possession of land Khasra No. 13 measuring 3 kanals 18 marlas situate in village Pallari on the basis of the Right of Prior Purchase against one Muhammad Sharif son of Muhammad Ali resident of Katha Piran-vendee and Saif Ullah resident of Pallari-vendor in the Court of the Sub- Judge, Muzaffarabad, on 17-3-1969 and obtained an ex parte decree on 12-5-70. When Habib Joo subsequent to the passing of the ex parte decree tried to take possession from the petitioner, he (petitioner) filed an application for setting aside the ex parte decree. This application was allowed and the ex parte decree set aside; whereupon Habib Joo made an application for amending the name of the father of the defen--dant. The vendee in this case was Muhammad Sharif son of Muhammad Haleem but in the plaint the vendee-defendant was described as Muhammad Sharif son of Muhammad Ali. The plaintiff made an application that the petition-writer had inadvertently…
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