Citation Name: 2023 MLD 1076 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMAD BAKHSH vs IMAM BAKHSH Ss — 2023 MLD 1076 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 1076 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 1076 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMAD BAKHSH vs IMAM BAKHSH Ss
Subject matter: Civil
Provisions referred to: S. 115; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 MLD 1076 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMAD BAKHSH VS IMAM BAKHSH Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 115 & O. VI, R. 17--- Suit for declaration and injunction---Amendment of pleadings---Petitioner/plaintiff was aggrieved of order passed by Lower Appellate Court declining to amend pleadings and setting aside of judgment and decree passed by Trial Court in favour of petitioner/plaintiff---Validity---While deciding application for amendment of pleadings, Court was to keep in view the interest of justice and was to allow the case to run on correct lines for decision of real controversy---Amendment could be allowed while ignoring delay even at any stage of the proceedings in trial and in certain cases, amendments were permitted at the stage of appeal or even in revisional jurisdiction---In view of beneficial rule, proposed amendment was expedient for the purpose of determining real questions in controversy between the parties and it was not changing the nature of pleadings---Occasion for amendment only arose upon acceptance of application of respondent/defendant for bringing a new document on record---Petitioner's/plaintiff's request for amendment in such situation could not have been refused---High Court allowed petitioner/plaintiff to amend the pleading and remanded the matter to Trial Court for decision afresh after setting aside judgments and decrees passed by two Courts below---Revision was allowed accordingly.

Other judgments reported in 2023 MLD

2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR S. 115---Revisional jurisdiction of High Court---Scope---Though scope of revisional jurisdiction is limited b…
2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR Fatwa---Proof---Fatwa cannot be relied unless its authority/ signatory is produced in Court and is subjected…
2023 MLD 1131 KARACHI-HIGH-COURT-SINDHKARACHI CABLE SERVICES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Information S. 30--- Cable operators---Show cause…
2023 MLD 989 KARACHI-HIGH-COURT-SINDHWASEEM AKRAM VS Mst. ASMA S. 25a---Transfer of cases---Scope---applicant/defendant (husband) sought transfer of suit for maintenance from on…
2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

Back to the case-law library · Search Pakistani case law in Urdu or English