Rawalpindi: The Lahore High Court (Rawalpindi Bench) has allowed a writ petition challenging the rejection of an application seeking amendment of a written statement, holding that courts must permit bona fide corrections necessary to determine the real controversy between parties.
Ch. Imran Hassan Ali, ASC, represented the successful petitioners.
Through judgement announced on 19 January 2026, Justice Jawad Hassan set aside the orders of the trial court and the appellate court, which had declined amendment under Order VI, Rule 17, of the Code of Civil Procedure, 1908.
The petitioners had sought to correct what they described as inadvertent typographical errors in their written statement, where references to an “exchange deed” were mistakenly made instead of a “sale deed,” forming the foundation of their defence. The lower courts had held that the proposed amendment would change the nature of the defence and could not be allowed.
Allowing the petition, the High Court observed that the defence of the petitioners throughout was premised on a sale deed dated 21 August 1980, and the incorrect references to an exchange deed appeared to be clerical mistakes rather than an attempt to introduce a new plea or withdraw an admission. The Court held that refusal to permit such limited and necessary amendment amounted to a failure to exercise jurisdiction vested by law.
Justice Jawad Hassan reiterated that Order VI Rule 17 CPC confers wide discretion on courts to allow amendments at any stage of proceedings if they are essential for determining the real questions in controversy and do not prejudice the opposite party. He emphasised, “[P]rocedural rules are handmaids of justice and not its mistress. The object of pleadings is to define the issues, not to penalise a party for a bona fide clerical error.”
Consequently, the High Court allowed the amendment application
The judgement has been approved for reporting and can be downloaded from the Lahore High Court website by clicking here. (Opens in new tab)
On 28-09-2021, Ch. Imran Hassan Ali was appointed amicus curiae by the Lahore High Court, Rawalpindi Bench, to assist the Court in a case raising questions of first impression regarding proper interpretation of various provisions of Orders IX and XXXVII of the Code of Civil Procedure, 1908.
The case was finally heard by a full bench of the Court on 27-11-2025 and 03-12-2025 when Imran had the honour of appearing before the full bench. The judgment is reported at 2025 LHC 7173 and can be downloaded directly from the Lahore High Court website by clicking here.
On 11 December 2025, the Lahore High Court appointed Ch. Imran Hassan Ali, ASC, as amicus curiae in a matter relating to Family Law. The case raises important questions concerning the true scope and interpretation of sections 17 and 17-A of the Family Courts Act, 1964.
The appointment reflects the Court’s confidence in counsel’s legal expertise. It is a significant professional distinction. All praise is due to Allah alone.
On 16 December 2025, the Lahore High Court, Rawalpindi Bench, brought to a close a decades-old family property dispute that had started in 1992. The case involved the interplay between customary law and Islamic Shariah.
The litigation centred on whether property inherited under customary law could later be subjected to the principles of Shariah following statutory developments. After being contested before the Civil Court and the first appellate court, the matter reached the High Court as a Civil Revision Application in 2013.
Appearing for the successful party, Ch. Imran Hassan Ali, Advocate, advanced the pivotal legal submission that the Shariah Application Act could not be applied retrospectively to property that had already vested in his client under customary law prior to the Act’s enforcement. The Court accepted this contention, holding that inheritance governed by customary law before the statutory shift could not be reopened on the basis of subsequently applicable Shariah principles.
Allowing the revision application, the High Court set aside the judgment of the Additional District Judge, thereby restoring the rights accrued under customary law and conclusively resolving the long-running dispute.
In 2016, the Government of the Punjab initiated compulsory land acquisition proceedings on behalf of Lucky Cement (Pvt.) Ltd. for setting up of a cement plant and limestone quarry in village Buchal Kalan, District Chakwal. The project would have dispossessed a large number of villagers of their ancestral agricultural land. It would have stripped them of their identity, which is inextricable linked with their land. It would also have created unbearable environmental hazards for the population of surrounding villages. They would have been deprived of their right to life guaranteed by Article 9 of the Constitution of Pakistan, 1973. The villagers instructed Ch. Imran Hassan Ali, Advocate Supreme Court, to challenge the compulsory acquisition of their land through a Constitution Petition before the Honourable Lahore High Court, Rawalpindi Bench. The Court accepted Imran’s arguments at preliminary hearing of the case and issued an injunction restraining the Respondents from dispossessing the villagers. The Respondents initially instructed Barrister Syed Ali Zafar, the then President of the Supreme Court Bar Association, to seek vacation of the injunction. However, the Court refused to vacate the injunction.
The case remained pending for almost 8 years and came up for final hearing on 13-11-2025, when the Honourable Mr. Justice Ch. Sultan Mahmood was pleased to allow the petition. Imran’s submissions highlighted procedural irregularities and misapplication of statutory provisions—deficiencies the Court found material enough to vitiate the impugned proceedings. The Court emphasised that executive authorities must act strictly within the bounds of law and cannot override vested rights through defective processes. Consequently, the Court quashed the notice for acquisition of the Petitioners’ land.
For media coverage of this case, please click on the following link:
Awan Foundation is an NGO that undertakes various types of not-for-profit projects for public welfare. On 14-01-1999, the Government of Punjab leased out 48 kanals of land in village Malikwal, Talagang, to the Petitioner for purposes of building aa school to provide free education to children from disadvantaged segments of the society. However, the Deputy Commissioner cancelled the lease deed after a couple of years. Awan Foundation successfully challenged the cancellation before the Civil Judge. Government’s appeal also failed.
The Government then brought a civil revision application before the Lahore High Court (Rawalpindi Bench). Ch. Imran Hassan Ali, ASC, represented the Awan Foundation before the High Court. After hearing both sides, Justice Mirza Viqas Rauf dismissed the Government’s revision application on 01-12-2025.
On 22-10-2025, a Division Bench of the Lahore High Court appointed Ch. Imran Hassan Ali as amicus curiae in a case related to the Contract Act, 1872, the Specific Relief Act, 1877, and the Qanun-e-Shahadat Order, 1984. The Court seeks assistance on whether an oral contract for the sale of immovable property can be considered valid and enforceable in the absence of a written agreement, and what evidential standards apply to establish such an oral agreement. Additionally, the case involves the question of under what circumstances a court may order the purchaser in such an agreement to deposit the outstanding sale consideration in court, and what legal consequences would follow if the purchaser fails to make the required deposit.
It is a great honour for Imran. All praise is for Allah alone!
Watch this space for further updates on this case.
In a significant step forward, Al-Haram City has introduced newly drafted building byelaws, marking a pivotal development in the project’s legal and regulatory framework. The byelaws, to be known as Al-Haram City Rawalpindi (Building) Byelaws, 2025, have been drafted by Barrister Ch. Imran Hassan Ali.
The byelaws address crucial aspects of construction, design, safety, and environmental impact, setting out clear guidelines for developers, contractors, and homeowners alike. They include provisions for structural integrity, fire safety, and accessibility, alongside detailed specifications on permissible construction practices, materials, and design standards. Notably, the byelaws also emphasize sustainable building practices, with guidelines on energy efficiency, waste management, and water conservation.
By integrating these byelaws into the development process, the project team ensures that the construction not only complies with local regulations but also meets the highest standards of safety and sustainability. These byelaws serve as an important legal safeguard, aligning with both local zoning regulations and international best practices, and are set to be a cornerstone in the continued success of the project.
On January 15, 2025, the Honourable Mr. Justice Jawad Hassan, Lahore High Court, Rawalpindi Bench, took a significant step toward promoting Alternative Dispute Resolution (ADR) by appointing Barrister Chaudhary Imran Hassan Ali, ASC, as the mediator in a high-profile and high-stakes corporate dispute involving shareholders of South Avenue (Private) Limited, a major real estate company in Bahria Town.
By the Grace of Allah, the mediation was successful. On 14-05-2025, the parties reached an agreement on all issues between them. Imran drafted a formal agreement with consent of parties, which was filed in court on 02-07-2025. The court disposed of the case in light of the said agreement.
This case underscores the judiciary’s growing commitment to ADR as a cost-effective and efficient means of resolving disputes. It also highlights the rising relevance of ADR in corporate matters.
The Lahore High Court was pleased to appoint Ch. Imran Hassan Ali as amicus curiae in a case about the liability of an adoptive father to pay maintenance to an adopted daughter. The adoptive parents had divorced and the child was residing with the adoptive mother.
On 30-05-2025, Imran appeared as amicus curiae and assisted the court. Agreeing with Imran’s submissions, the Court was pleased to remand the case to the trial court for de novo trial.
The title of the case is Shahid vs Additional District Judge and others (W.P. No. 2012/2021).
All praise is for Allah alone!