IN THE COURT OF MR.

CHAUDHARY ASIF, CIVIL JUDGE, LAHORE

CIVIL MISC. NO. ________/2020

IN

SUIT NO. _________/2020

Dr. Haroon Javaid Majid

Versus

Public at large and 3 others

(Suit for Declaration as Legal Heirs)

APPLICATION UNDER SECTION 151 READ WITH SECTION 152, CIVIL

PROCEDURE CODE, 1908, AND WITH ALL OTHER ENABLING PROVISIONS

OF LAW FOR CORRECTION OF DECREE ON BEHALF OF THE PLAINTIFF

Respectfully Sheweth:

1. That the titled suit was disposed of vide Judgment and Decree of this learned

Court, dated 23.10.2019, and the file was consigned to the record room.

2. That during the proceedings of the suit Defendants No. 3 and 4 (real sister and

real mother of the Plaintiff) surrendered their right to inheritance to the property

of the Deceased in favor of the Plaintiff which statement is recorded on the order

sheet dated 21.09.2019. Such surrender was also acknowledged by this learned

Court in the Judgment (page 2, 8 th line from the top) whereby it was stated
 “Whereas the Defendant No. 3 & 4 appeared in person and got recorded their

conceding statements on 21.09.2019”.

3. That however, the judgment and decree sheet, in their respective operative

paragraphs, while declaring the Plaintiff, Defendant No. 3 and 4 as the legal

heirs of the deceased, does not declare that the said Defendants surrendered their

rights in favor of the Plaintiff.

4. That the Judgment is not in accordance with its findings. While recording that

Defendants No. 3 and 4 had got their conceding statements recorded, the

Judgment erroneously omitted declaring the rights of said defendants as

surrendered in favor of the Plaintiff in its operative paragraph which paragraph

was then copied verbatim in the decree sheet.

5. That furthermore, the Provisions of Order 20 Rule 6 require the Decree to be in

accordance with the Judgment and if the decree is not corrected to incorporate

the fact that the Defendants No. 3 & 4 surrendered their inheritance right to the

suit property in favor of the Plaintiff, the Plaintiff shall suffer irreparable loss and

injury.

PRAYER:

In light of the aforementioned circumstances, it is most respectfully prayed that the

Judgment be amended to be in accordance with its findings on page 2, 8 th line from

the top to the extent that the Defendants No. 3 and 4 had surrendered their rights in

the suit property in favor of the Plaintiff.

It is further prayed that the Decree sheet also be amended accordingly.

Any other relief that this honorable Court deems fit and appropriate may also be

granted in the interest of justice and in accordance with law.

Applicant

Through

Counsel