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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SHARIF VS Respondent: KHUSHI MUHAMMAD And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Muhammad Haleem, Shafi-ur-Rehman Title: MUHAMMAD SHARIF vs KHUSHI MUHAMMAD And Other Case No.: Civil Petition No. 1032 of 1984 Writ Petition No. 132 of 1984 Date of Judgment:1984-11-04 Reported As: 1986 SCMR 278 Result: Leave refused
Judgment ORDER MUHAMMAD HALEEM, C.J.-- In this petition, the petitioner assails the operative part of the order, dated 1-10-1984 of the Lahore High Court passed in Writ Petition No. 132 of 1984, whereby while doing so the words "after allowing the landlord to amend his pleadings" were used, which, according to the learned counsel for the petitioner, left no discretion with the trial Court to examine the question of amendment on merits although the consent was only given for seeking amendment in the pleadings. These words, in our view, do not have the effect of a fat accompli but are subject to the terms of the consent recorded earlier in the order. This will suffice to dispose of this petition, which is dismissed.