MUHAMMAD ZARIN vs AMIR DIL KHAN O — 2022 MLD 1439 PESHAWAR-HIGH-COURT

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MUHAMMAD ZARIN VS AMIR DIL KHAN O.XII, R. 6---Qanun-e-Shahadat (10 of 1984), Arts. 30 & 113---Deletion of certain mutation numbers from the title of the plaint---Suit for declaration, permanent injunction and possession was filed by the petitioner---Partial evidence was also recorded---During the pendency of the suit, respondents/defendants filed an application for deletion of 4 mutations from heading of the plaint for the reason that petitioner had earlier filed an application before the Court, wherein he had admitted that petitioner had rightly entered/attested the said mutations in favour of respondents, which application was accepted by the Trial Court vide the impugned order---Petitioner filed revision petition against the impugned order but the same was dismissed by the Revisional Court---Held, that in the pleadings/plaint, petitioner had not made admissions rather he had raised a challenge to the mutations mentioned therein---Respondent's application for deciding a matter on special oath had not been filed in pursuance to any agreement between the parties, rather the same was filed with a different intention---Admissions made in pleadings had wrongly been treated by the Courts below to be unqualified/absolute admissions sufficient to provide basis forgiving judgment at the preliminary stage of the case (before completion of evidence)---Court could require evidence regarding admission in its discretion under Art. 113 of the Qanun-e-Shahadat, 1984---Procedure adopted and powers utilized by Courts below for such deletion in pleadings of the parties, without their request, were alien to the Civil Procedure Code, 1908, hence, were not at all according to law---High Court allowed the Constitutional petition and referred the matter to the Trial Court with direction to decide the application along with the final conclusion of the suit. Head NotesCase Description

MUHAMMAD ZARIN vs AMIR DIL KHAN O — 2022 MLD 1439 PESHAWAR-HIGH-COURT

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