Law: Civil Procedure Code (V of 1908)

Section: 17

Civil Procedure Code (V of 1908)--O. VI, R. 17---Amendment of pleadings---Principle---Suit filed by proprietorship concern through its Sole Proprietor---Plaintiff (proprietary concern) sought amendment in title of plaint by correcting its name and description---Trial Court declined said amendment but Lower Appellate Court allowed the same---Validity---Suit was filed by proprietorship concern through its sole proprietor, who also verified the plaint---Application for amendment in title of plaint showed that neither plaintiff was changed therein nor any new party was added or character of suit disturbed---Misdescription in title of plaint appeared to be bona fide typographical error, which could be corrected by amendment in its title even with red link and such amendment would not involve substitution or addition of parties---No legal infirmity was found in passed by Lower Appellate Court, which was well reasoned and did not warrant interference by High Court---Revision application was dismissed in circumstances. Messrs PUB Corporation v. Water and Power Development Authority through Managing Director and 2 others PLD 2009 Kar. 139 fol. ORDER GHULAM SARWAR KORAI, J.---This civil revision application under section 115, C.P.C. has been filed against the judgment dated 3-9-2008, passed by the Court of learned 11nd Additional District Judge Karachi South in Civil Appeal No.153 of 2005, filed against the order dated 30-8-2005, passed by the Court of learned VIIIth Senior Civil Judge, Karachi South in Civil Suit No.1415 of 2003, whereby, an application under Order VI, Rule 17, C.P.C. for amendment in title of the plaint filed by the respondent/plaintiff was dismissed so also the suit of the respondent/plaintiff was dismissed with no order as to costs. 2. Precisely, facts of the case are that respondent/plaintiff filed suit against the applicant/ defendant for recovery of Rs.25,34,942. After service upon the applicant/defendant, he filed written statement. During pendency of the suit an application under Order VI, Rule 17, C.P.C. was filed by the respondent/plaintiff for amendment in the title of the plaint. The learned trial Court not only dismissed the application of…

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