ATAURREHMAN vs Capt. SHAHID SALEEM LONE and others
This matter concerns a petition for leave to appeal against a High Court judgment that set aside orders allowing the amendment of a plaint in a suit for specific performance. The core legal dispute arose when the trial court permitted the plaintiff to amend the plaint to implead the legal heirs of a deceased defendant, a decision initially upheld by the District Judge in revision. However, the High Court subsequently declared the trial and revisional courts' orders to be of no legal effect, effectively barring the impleadment of the deceased's widow and daughters. The Supreme Court, upon reviewing the petition, granted leave to appeal to examine whether the trial court possessed the authority to correct the record or allow the amendment of the plaint under the circumstances. The Court held that the matter warranted a deeper examination of the procedural propriety of the lower courts' decisions. Consequently, the Supreme Court admitted the appeal for hearing, directed the parties to file necessary documents, and imposed an injunction restraining the alienation of the suit property during the pendency of the proceedings.
- Can a trial court allow the amendment of a plaint to implead the legal heirs of a deceased defendant?
- Does the High Court have the authority to set aside an order allowing the correction of a plaint in a revisionary capacity?
- Under what circumstances can a trial court correct the record regarding the parties in a suit for specific performance?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff in a suit for specific performance against, the "disposal" by the High Court of a Writ Petition filed by the respondents side.
2. ' On an objection raised from the defendants side on an application for the correction of the plaint by the petitioner-plaintiff, the learned trial Court allowed the amendment and correction of the plaint regarding impleading a dead man a defendant. The learned District Judge on respondents' revision upheld the order of the learned trial Court. A learned Judge in the High Court on respondents' writ petition passed the following operative order:- "As a result of the above discussion the orders passed by the trial Court, dated 27-7-1981 and of the revisional Court, dated 27-1-1982 to the extent that they permit impleading of Mst. Hajran Saleem widow and Mst. Salma Rasheed and Mst. Asmat Sultana two daughters of late Abdul Saleem Lone are declared to be of no legal effect. The suit against the remaining defendants, however, may continue. The writ petition is disposed of in these terms."
3. After hearing the learned counsel, we consider it a fit case to examine the points raised in the petition as also the question whether the petitioner could not have been allowed to amend the plaint and whether the trial Court itself could not have corrected the record in the facts and circumstances of this case.
4. ' Security Rs, 5,000.
5. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents. No alienation of the property by any party during the pendency of the matter in this Court.