Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Law: Punjab Pre-emption Act, 1991

Section: 5

(a) Civil Procedure Code (V of 1908)--- ----O.VI, R.17---Punjab Pre-emption Act (IX of 1991), S.5---Pre-emption suit---Sale deed registered through court in execution of decree passed in suit for specific performance of sale agreement---Defendant's application under O.VI, R.17, C.P.C. seeking to amend written statement for incorporation therein factum of sale agreement on basis of which suit for specific performance was filed---Order of Trial Court dismissing such application upheld by Appellate Court---Plaintiff's plea was that defendant had moved such application after four (4) years of filing of written statement---Validity---Plaintiff's evidence had not yet been completely recorded---Delay alone was not a determining factor while deciding application under O.VI, R.17, C.P.C.---Plaintiff in order to claim right of pre-emption on a sale had to file a suit for pre-emption while admitting such sale and its sale deed in toto---Proposed amendments, if allowed, would neither change existing plea of defence nor nature of written statement nor raise any new plea of defence---Defendant would not be able to produce evidence regarding sale agreement, which remained subject matter of suit for specific performance---Proposed amendment would be necessary for determining real matter in controversy---High Court allowed such application in circumstances. Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Ahmed Jamil Ansari v. Messrs Al-Hoqani Securities and Investment Corporation (Pvt.) Limited) 2008 CLC [Karachi] 946; Mst. Arshan Bi through Mst. Fatima Bi and others v. Maula Bakhsh through Mst. Ghulam Safoor and others 2003 SCMR 318; Ahsan Kausar and others v. Ahmad Zaman Khan 1986 SCMR 1799; Treasurer of Charitable Endowments for Pakistan v. Inamur Rehman Alvi 1993 CLC 2033 and Keramat Ali and another v. Muhammad Yunus Haji and others PLD 1963 SC 191 rel. Karamat Ali and 6 others v. Hakim Ghulam Hussain 1997 SCMR 416 distinguished. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of pleadings, application for---Scope---Delay in making such application was not the only determining factor while deciding same---Illustration. (c) Civil…

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