Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)--- ----O.VI, R.17---Amendment of pleadings---Scope---Provisions of O. VI, R. 17, C.P.C. were to be construed liberally, however, defendants could not be allowed to abuse the law of procedure by resiling from the admission made by their deceased father in the written statement or to put up a new and inconsistent defence---Admission made by a party in the pleadings could not be revoked without permission of the court---Since on the basis of admission in the written statement a valuable right had accrued in favour of opposite party, therefore, proposed amendment based on ulterior motive could not be allowed. 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 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Concurrent findings of courts below were based on cogent reasons---No jurisdictional error legal or factual infirmity in the order of revisional court having been found---Constitutional petition against the revisional order was not maintainable. Muhammad Khan and 6 others v. Ghulam Fatima and 12 others 1991 SCMR 970 rel. THIS ORDER PASSED BY: ABDUS SATTAR ASGHAR, JUSTICE:---.--- Petitioner has invoked the constitutional jurisdiction of this Court under Article 199 to impugn the order dated 16-1-2013 passed by learned District Judge Jhang whereby their revision petition against the order dated 3-10-2012 passed by learned Civil Judge, Jhang was dismissed. 2. Brief facts leading to this constitutional petition are that Rustam respondent No.3 filed a suit for specific performance of an agreement to sell dated 13-4-2005 against the petitioners' father namely Gul Muhammad (since died), Shahadat respondent No.2 and Zarai Taraqiati Bank Ltd. respondent No.4 alleging that he purchased the suit land in consideration of Rs.30,00,000 out of which advance money Rs.25,00,000 was paid to Gul Muhammad and remaining Rs.5,00,000 has to be paid at the time of registration of sale deed. The suit was resisted by Gul Muhammad by filing written statement denying impugned agreement to sell as well as…

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