Citation Name: 2025 PLD 347 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. FATIMA RASHEED vs ABDUL QADIR S

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

Citation Name: 2025 PLD 347 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. FATIMA RASHEED VS ABDUL QADIR S. 151, O. VI, R.17 & O.VIII, R.1---Specific Relief act (I of 1877), Ss. 39, 42, 8, 54 & 55---Suit for cancellation, declaration, possession, mesne profit, damages, mandatory and permanent injunction---Inherent power of court in existence of specific provision of law---Scope---Substitution of already filed written statement as a whole with a new written statement---Legality---application by the petitioner/ defendant under S. 151, C.P.C., for filing fresh written statement after framing issues, was concurrently dismissed---Validity---Court may adopt any procedure and may pass any order to secure the ends of justice, however, where specific provisions exist, general or residuary powers cannot be resorted to---Inherent power of the court exists only where there is no express provision of law applicable to the case---Where there are express provisions of law applicable to a case or to meet any unforeseen eventuality, there is no inherent power in the court to override them---Written statement had already been filed by the defendant under O. VIII, R. 1, C.P.C., who could not apply for the substitution of a fresh written statement in place of the one filed already---There was no provision in C.P.C. to enable the court to permit the substitution as a whole of one written statement for another already filed---Under O. VI, R. 17, C.P.C., the court is empowered to allow either party to alter or amend pleadings in such manner or in such terms as may be just, for the purpose of determining real questions in controversy between the parties, which being a specific and express provision of law existed in the Code, which was applicable to the case of the petitioner, and could not be overridden under inherent power of the court under S. 151, C.P.C.---However, the said provision had not been resorted to by the petitioner---Constitutional petition was dismissed in limine, in circumstances.

Citation Name: 2025 PLD 347 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. FATIMA RASHEED vs ABDUL QADIR S — 2025 PLD 347 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 PLD