LAHORE: The Lahore High Court has held that technical objection should not come in the way of dispensation of complete and substantial justice and same should not be allowed to defeat justice.
The court allowed a petition and set aside the impugned order of the trial court which failed to give any findings with regard to the reliefs of perpetual injunction and specific performance of the agreements to sell.
The court directed the trial court to make necessary correction in its order and decree keeping in view plaint and evidence of the petitioner.
The court observed an act of a court should not prejudice any party and added the courts have jurisdiction to correct the clerical or arithmetical mistakes or errors caused due to accidental slip or omission in a judgment, decree or order. The aim of the procedural provisions is to safeguard the interest of justice instead of defeating the same and such power can be exercised at any time, the court added.
A court under section 152, C.P.C. is not only competent to correct clerical or arithmetical mistake in the judgment, decree or order but may correct accidental slip or omission as well, the court added.
The court further said it is the basic principle of administration of justice that the courts are sanctuaries of justice and in exercise of authority to do exdebito justitiae (to say wrong and to suppress a mischief to which a litigant is entitled). The law favours adjudication on merits, the court concluded.
The petitioner pleaded that through agreement deeds and power of attorney defendants the respondents received consideration of their shares in cash and if any defendants did not execute any writing, he received his share orally.
Therefore, the said defendants have no concerned with the suit property and they are bound through their written as well as oral agreements to execute registered deed in his favour.
The petitioner proved through evidence that suit property was belonged to their predecessor namely Muhammad Shafi and after his demise inherited to his legal heirs and defendants through different agreements to sell agreed to transfer their share in his favour and also executed a registered general power of attorney in this behalf.
The trial court only granted relief for declaration by declaring that plaintiff and defendants are legal heirs of deceased Muhammad Shafi but failed to give any findings with regard to the other reliefs of perpetual injunction and specific performance of the agreements to sell. In this scenario petitioner moved the application for correction of the order/decree and got relief.
Copyright Business Recorder, 2023
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