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BIBI FAREEDA vs JAN BIBI Ss — 2025 PLD 18 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PLD 18 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PLD
Parties
BIBI FAREEDA vs JAN BIBI Ss
Subject matter
Civil
Provisions referred to
S. 152; S. 104

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

BIBI FAREEDA VS JAN BIBI Ss. 42, 104, 151 & 152---Powers of courts under S.152, C.P.C. to correct clerical or arithmetical errors---Scope---Petitioner against auction of the property in execution proceedings preferred an appeal, which was allowed in the year 2021---Application filed by the petitioner under S. 152, C.P.C. in the year 2023 for correction of name of the appellant in the title of appeal was dismissed by the Appellate Court on the ground of delay of two years---Validity---There is no restriction on the power of the Court under Ss.151 & 152 of C.P.C. to correct the mistake in the plaint, judgment or decree, if the same occurs due to a bona fide mistake or oversight and the party is not found to be guilty of gross negligence---Mere fact that the petitioner sought correction after a lapse of a period of two years was not a valid ground to refuse the relief---Correction was not sought in the judgment and decree of Trial Court, rather the same was sought qua correction of the name in the title of appeal filed under S. 104, C.P.C., without prejudicing the other side---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2025 PLD

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