Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.17

Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.17

(a) Civil Procedure Code (V of 1908)-------O. VI, R. 17---Application for amendment of written statement---Opposite party had obtained decree in its favour---Effect---Contention of the defendant (petitioner) was that while filing the written statement, his counsel, inadvertently could not mention some preliminary objections and factual points which were necessary for determination of real points in the controversy between the parties---Validity---Case had been lingering on for a long time and the plaintiffs (respondents) had obtained concurrent findings/decrees in their favour---Defendant had remained silent till the stage when rights had accrued in favour of the opposite party, which could not be ignored or defeated---Court was bound to keep in view the bona fides and intention of a party besides the real requirement of the amendment, for determination of controversy between the parties---Plea taken by the defendant for the amendment was illogical and fanciful and the intention was to delay the matter---Defendant had initially taken the defence of "Amanat", and was trying to adopt the defence of gift, without any piece of document in his favour---Revision petition was dismissed and application of the defendant for amendment in his written statement was also dismissed, in circumstances. PLD 1987 AJ&K 170; 1990 CLC 1095; 1980 CLC 1866; 1994 CLC 882 and 1994 CLC 955 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of pleadings---Scope---Any amendment which was likely to change the nature of the suit, cause of action or both was not likely to be allowed---Amendment in the pleadings was not permissible where on account of an omission to raise a plea in the pleadings, valid rights had accrued to the opposite party---Court was also under a duty to watch the bona fide/mala fide of the party seeking the amendment. Muhammad Isa for Petitioner. Haji Mirza Ali and Manzoor Ahmed for Respondents. JUDGMENT SAHIB KHAN, J.--- The instant petition seeking certain amendments in the written statement has been filed by the defendant/ petitioner. Replication on behalf of the plaintiffs/respondents has also been placed on file, but the same could not be…

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