Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)-------O. VI, R. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Amendment in pleadings---Power of legal heirs of defendant to amend pleadings---Scope---Suit for specific performance of agreement to sell immovable property---Petitioners were legal heirs of the original defendant who had denied the execution of alleged sale agreement and instead contended that he had sold the suit property vide another sale-deed in favour of the respondent---Petitioners/defendants sought to amend pleadings and admitted to the execution of the sale-deed denied by their father---Trial Court declined application of defendants/petitioners for amendment in pleadings---Validity---Original defendant, the deceased father of the present defendants, had categorically denied the execution of the agreement to sell in his written statement, and admitted an agreement to sell in favour of another person (respondent), in whose favour a valuable right accrued on basis of the written statement of the deceased---Petitioners being legal representatives could not be permitted to get rid of the admission already made by their father in his written statement in favour of the respondent---Provisions of Order VI, Rule 17, C.P.C. were to be construed liberally however, petitioners/new defendants would not be allowed to abuse law of procedure to favour plaintiff by resiling from the admission made by their deceased father in earlier written statement and putting up a new and inconsistent defence---Admission made by a party in the pleadings could not be revoked without permission of the court---Since a valuable right had been created in favour of the respondent on basis of the admission of the deceased, therefore proposed amendment based on ulterior motives could not be allowed---Constitutional petition was dismissed, in circumstances. Secretary to Government (West Pakistan), Now N.-W.F.P. Department of Agriculture and Forests, Peshawar and 4 others v. Kazi Abdul Kafil PLD 1978 SC 242 and Muhammad Khan and 6 others v. Ghulam Fatima and 12 others 1991 SCMR 970 rel. Mehr Ahmad Bakhsh Bharwana for Petitioner. ORDER ABDUS SATTAR ASGHAR, J.--- Petitioner has…

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