Law:

Section:

(a) Civil Procedure Code (V of 1908)------ ----O. VI, R.17---Amendment of pleadings---Amendment of pleadings could be allowed to meet the ends of justice and for determination of real question in controversy between the parties---Rule 17 of Order VI, G.P.C. though had provided for ample discretion with the Court to allow amendment of plaint or written statement at any stage of the proceedings, but such discretion had to be exercised judiciously---Exercise of discretion had been qualified with the condition that purpose of such amendment should be to determine the basis of dispute---Provision of O.VI; R.17, C.P.C. would be invoked where there were "apprehensions of multiplicity" of suits---Amendment could be allowed for the purpose of furthering the ends of justice so that the interest of substantial justice should be advanced---Amendments were also allowed in the case of a clerical error or bona tide wrong description of property---1f a legal plea was sought to be raised which would go to the root of the case, amendment could be allowed.--1f earlier pleadings were faulty due to defective drafting, amendment could be allowed keeping in view the principle that a party should not be penalized for the wrong of others--Application for amendment of plaint in the present case was filed more than 13 years after the date of knowledge of the fact that was intended to be introduced through amendment and matter was being, delayed for almost one and a half decades---Application for amendment, in circumstances, was mala fide and frivolous and had been rightly declined by the Courts of law. 1993 SCMR 593; PLJ 1987 SC 617(sic); 1989 SCMR 732; 1986 SCMR 1488; 1996 SCMR 1858; 1993 SCMR 2289; PLD 1985 SC 345; PLD 1986 SC(AJ&K) 98 and 1998 MLD 1381 ref. (b) Power of attorney--- ----Revocation of power of attorney---Power of attorney was merely an instrument of the appointment of an agent to act on behalf of the principal---Such instrument could be revoked at any time by the principal at his will and in certain cases, like death and insolvency, power of attorney was automatically revoked---Even during the currency of a valid power of attorney, the principal could not be denied…

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