SHABBIR AHMAD vs ADDITIONAL DISTRICT JUDGE, MULTAN Ss — 2024 PLD 76 LAHORE-HIGH-COURT-LAHORE

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SHABBIR AHMAD VS ADDITIONAL DISTRICT JUDGE, MULTAN Ss.12, 42 & 54---Civil Procedure Code (V of 1908), Ss.114 & 152---Constitution of Pakistan, Art.199---Constitutional petition---Correction of judgment and decree---Review---Scope---Suit for specific performance of agreement to sell, declaration and injunction was filed by petitioner/ plaintiff who claimed to have entered into agreement with respondents/ defendants regarding purchase of suit property---Respondent/defendants made consenting statement and judgment was passed by Trial Court on the basis of ex-parte evidence---Petitioner/ plaintiff filed application for correction of decree as the same did not contain any finding regarding specific performance of agreement and injunction---Trial Court and Lower Appellate Court declined to correct the judgment---Validity---Only where slip or omission was accidental or unintentional it could be supplemented or added in exercise of jurisdiction conferred under S. 152, C.P.C.---Such course was provided to foster cause of justice to suppress mischief and to avoid multiplicity of proceedings---Petitioner/plaintiff specifically pleaded in his plaint that respondents/ defendants agreed to sell their shares to him and after receipt of consideration amount executed agreements to sell in his favour---Petitioner/plaintiff produced the agreements in his documentary evidence---Respondents/defendants conceded stance of petitioner/plaintiff in their written statements---Reliefs of specific performance and perpetual injunction were the basic reliefs, which required determination from Trial Court---Failure on the part of Trial Court to give any findings on said reliefs and to decide either way did not suggest that said omissions were made by Trial Court through positive application of mind intentionally---Trial Court did not expressly refuse to grant reliefs as claimed---Such omission was not a deliberate one and was an inadvertent accidental slip, which squarely fell within the ambit of S. 152, C.P.C.---High Court directed Trial Court to make necessary corrections by incorporating reliefs of specific performance and perpetual injunction---High Court set aside orders/judgments and remanded the matter to Trial Court for necessary correction in judgment in question---Constitutional petition was allowed, in circumstances.

SHABBIR AHMAD vs ADDITIONAL DISTRICT JUDGE, MULTAN Ss — 2024 PLD 76 LAHORE-HIGH-COURT-LAHORE

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