Haji ZUBAIR AHMAD vs PROJECT DIRECTOR, KDA, KOHAT O — 2025 CLC 1482 PESHAWAR-HIGH-COURT

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Haji ZUBAIR AHMAD VS PROJECT DIRECTOR, KDA, KOHAT O. VI, Rr. 14, 15, 17 & O. XXIX, R. 1---Specific Relief act (I of 1877), Ss. 42, 54 & 55---Suit for declaration along with perpetual and mandatory injunction---amendment in the pleadings---Scope---Improper signing/subscription and verification of written statement---Unauthorized concessional statement by the counsel---Cancellation of allotment of houses owing to non-deposit of remaining sale consideration---Suit instituted by the petitioners was decreed, but the appellate court partially allowed the appeal of the respondents while remanding the matter to the Trial Court for decision afresh after obtaining fresh written statement---Validity---Corporate body / Respondent (which was a public sector organization) was allowed to at least present their proper stance before the Trial Court through duly instituted proceedings and file written statements in accordance with O. VI, Rr. 14 and 15, C.P.C.---appeal being continuation of proceedings the appellate stage was a proper stage for allowing curing of defect in the proceedings---Nothing on factual side was removed from written statement, however, only a concessional statement that if the petitioners became willing and ready to deposit amount of taxes, then their suit might be decreed, was sought to be disowned through amendment, which was a concessional statement and not an assertion of fact---Concessional statement was also found to have been made on behalf of a public sector corporation without due authorization---Petitioners failed to make out a case for interference by High Court in exercise of its revisional jurisdiction---appellate Court had already allowed the application filed by the respondents for amendment in the written statement, which order was maintained by the High Court---Civil Revision was dismissed, in circumstances.

Haji ZUBAIR AHMAD vs PROJECT DIRECTOR, KDA, KOHAT O — 2025 CLC 1482 PESHAWAR-HIGH-COURT

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