SADAQAT ALI KHAN vs ZIA SAFDAR MALIK O — 2026 CLC 458 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 458 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: SADAQAT ALI KHAN vs ZIA SAFDAR MALIK O
Subject matter: Civil

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

SADAQAT ALI KHAN VS ZIA SAFDAR MALIK O.VI, R.17---amendment of pleadings---Inadvertent / typographical error in written statement---Correction of "exchange deed" to "sale deed", seeking of---Scope---Facts: Respondents/plaintiffs instituted a civil suit for declaration, cancellation of document and permanent / mandatory injunction regarding suit land---Due to an alleged typographical/clerical mistake petitioners/defendant moved an application under O.VI, R.17, C.P.C. to amend the written statement, which was dismissed by the Trial Court and the appellate Court, hence, the writ petition---Issue: "Whether correction of an asserted clerical mis-description in the written statement, from "exchange deed" to "sale deed" (and allied mutation particulars), constituted a permissible amendment under O.VI, R.17, C.P.C. necessary to determine the real controversy, or an impermissible change in the nature of defence?"---Held: Reference to the Exchange Deed appeared only as an in advertent typographical error in certain paragraphs of the written statement---No new plea was being introduced nor any previous admission withdrawn; rather, the petitioners merely sought to correct the mis-description of the document to avoid future ambiguity---The respondents/plaintiffs could not be prejudiced thereby, as the factual position remained unchanged --- Impugned concurrent orders passed by the courts below were set aside---The petitioners' application under O.VI, R.17, C.P.C. for amendment in the written statement was allowed---Present constitutional petition was allowed, in circumstances.

Other judgments reported in 2026 CLC

2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S.5, Sched.---Civil Procedure Code (V of 1908), O.I, R.10(2)---Suit for recovery o…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD O.I, R.10---Necessary and proper party, impleadment of---Scope---If during the cou…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 688 SUPREME-COURT-AZAD-KASHMIRAZAD GOVERNMENT VS MUHAMMAD IQBAL KHAN. Ss.4, 11, 18, 23 & 54---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), S.42---acqui…
2026 CLC 577 SUPREME-COURT-AZAD-KASHMIRDEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION VS SAIMA SHAREEF. art. 44---Dispute qua ownership of land---Factual questions / disputed qu…

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