Pakistan Case Law
1980 SCMR 961

EXECUTIVE ENGINEER, 5TH PROVINCIAL BUILDINGS DIVISION, LAHORE ETC. Versus COMBINED TRADERS, LAHORE

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Citation1980 SCMR 961
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 36 of 1975
Date1980-03-17
Judge(s)Dorab Patel and Nasim Hasan Shah
Authored byDorab Patel
ResultPetition dismissed

ORDER

1. DORAB PATEL, J.‑‑ The respondent had obtained an award against the petitioners. He, therefore, filed an application under the Arbitration Act to make the award a rule of the Court and the respondents had to file their objections within the statutory period of limitation. They did so, but there after they filed an application to amend the objections filed by them. This application was rejected by the trial Court, therefore, the respondents challeng ed the dismissal of their amendment application in a revision in the Lahore High Court, but as the revision was dismissed they have filed this petition for leave.

2. The question whether the respondents could be permitted to amend their pleadings was within the discretion of the trial Court and as the High Court on cogent grounds saw no reason to interfere with the exercise of the trial Court's discretion against the respondents, ‑no case whatever has been made out for the grant of special leave, because this Court does not grant special leave against discretionary orders unless discretion has been exercised perversely.

3. There is no merit in this petition, which is dismissed.

4. Petition dismissed.

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