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Bibi Fareeda V. Jan Bibi,

PLD 2025 Balochistan 18 · Balochistan High Court

This case arose from a property dispute. Jan Bibi had won a civil suit against Ali Dost over declaration, partition, and possession of property. When Ali Dost died during execution proceedings, the court ordered the property to be auctioned. His widow, who should have been named Bibi Fazila, filed an appeal against the auction order, but due to a clerical error by a typist (steno), her name was mistakenly written as Bibi Fareeda in the appeal's title. The appeal itself was successful in 2021, but two years later, when she sought to correct her name in the appeal's title, the appellate court refused, saying the request came too late.

The Balochistan High Court overturned that refusal. It held that courts have the power under Sections 151 and 152 of the Civil Procedure Code to fix genuine clerical mistakes, and a two-year delay alone is not a good enough reason to deny such a correction, especially when the error was an honest typing mistake and did not harm the other party. The court stressed that procedural rules exist to serve justice, not to create technical obstacles that defeat genuine claims. It ordered the appeal's title corrected to reflect the correct name, Bibi Fazila.

This case matters because it reinforces that courts should prioritize substantive justice over rigid technicalities, especially for minor, honest errors that don't prejudice anyone.

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