Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VI, R.17 & S. 12(2)---Constitution of Pakistan, Art. 199---Amendment of plaint---Principles---Plaintiff's suit was revived upon application of defendant under S. 12(2) after almost twenty six years---Plaintiff moved application to amend the plaint, which was dismissed by both Trial Court and revisional court on ground of delayed filing---Validity---While considering request of a party for amendment of pleadings technicalities should have been avoided, as rules of procedure were meant to advance justice and mere delay could not be made basis for dismissal of such application---High Court allowed constitutional petition; order passed by both the courts below was set aside and application for amendment of plaint was accepted subject to payment of cost in circumstances. Khair Muhammad and others v. Nawab Bibi and others 2008 SCMR 515; Mst. Imam Hussain v. Shr Ali Shah and others 1994 SCMR 2293; Sher Afzal v. Abdul Malik and 2 others 2002 MLD 199; m.v. Kaptan Yousuf Kalkavan v. Semco Salvage (Pvt.) Ltd. 1992 CLC 143 and Muhammad Shafi and others v. Abdul Hameed and others 2008 SCMR 654 ref. Mst. Ghulam Nabi v. Sarsa Khan PLD 1985 SC 345 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---No court has jurisdiction to decide about rights of parties in violation of law---High Court has powers to decide on issues where interference is warranted, in its constitutional jurisdiction. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE:---.--- By filing the instant constitutional petition, the petitioner has challenged the orders dated 15.11.2011 and 29.5.2012 passed by the learned trial court as well as learned lower revisional court, by virtue of which, application for amendment of plaint filed by the petitioner/ plaintiff was concurrently dismissed. 2. The precise facts of the case are that the petitioner and respondent No. 1 are real sister and brother inter se. Respondent No. 1 regarding property of present petitioner/plaintiff filed a suit for declaration before the learned trial court on…

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