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1985 CLC 2250

MUHAMMAD BASHIR vs Mst. SHAMA BEGUM alias SHAMA PERVEEN

Citation1985 CLC 2250
CourtLahore High Court
Case No.Civil Revision No. 326/BWP of 1983
Date1984-03-05
Judge(s)Chaudhry Muhammad Sharif
ResultRevision dismissed

' This revision petition has been directed against the order, dated 2-7-1983 pronounced by the learned Civil Judge lst Class, Minchinabad who had allowed the amendment of the plaint.

2. The facts giving rise to the instant revision petition in substance are that Chand Khan was the owner of the land in dispute measuring 171 Kanals and 2 Marlas who sold the same in favour of Muhammad Bashir, the present petitioner. Mst. Shama Begum sought to pre-empt the sale of the land in dispute on the basis of her preferential right of pre-emption. After the written statement was filed, she moved a petition for the amendment of the plaint. She intended to correct the description of the property which had erroneously been given in the plaint. The property in dispute has been wrongly described. Instead of Square No. 470/6 and Square No. 470/2 has been mentioned and the area of field No. 6 of Square No. 470/6 which measures 7 Kanals and 12 Marlas has been stated as 6 Kanals in the plaint. The total area of the land in dispute according to the sale-deed is 171 Kanals and 2 Marlas which has rightly been mentioned in the plaint. It is a formal sort of amendment and is not designed to set up a new case. It may also be noted that in Ch. Ahmad Din and 2 others v. The Australasia Bank Ltd., Bhalwal 1971 SCMR 507 it was laid down that the order allowing amendment of the plaint is not a 'case decided' within the meaning of section 115, C.P.C. and a revision petition against the said order could not be entertained. The learned counsel for the petitioner could not cite any authority of the Supreme Court that the above-quoted precedent has been dissented from. I, therefore, see no merit in this revision petition and dismiss the same. I, however, make no order as to costs.

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