Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10(4)

Civil Procedure Code (V of 1908)--- ----O.I, R.10(4)---Amendment in plaint pursuant to permission to add parties as respondents---Scope---Court could allow only such amendments as were necessitated by the addition or striking out of parties could not permit amendments which would add or alter the nature of suit. 1989 SCMR 476 ref. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- Through the instant civil revision petition filed under section 115 read with 151, C.P.C. the petitioners have challenged the impugned judgment/Order dated 23-05-2018 passed by the learned District Judge/Land Acquisition Judge Diamer whereby the learned Referee Judge Diamer has dismissed the application filed under Order I, rule 10(4) C.P.C. by the petitioners for filing of amended reference petition. 2. A brief history of the case is that the present petitioners had filed a reference petition in the Court of the learned District Judge/Land Acquisition Judge Diamer under section 18 of the Land Acquisition Act against the Award No. LAC-(DBD)-1/ 2011 dated 27-12-2013. 3. During pendency of above mentioned reference petition the present petitioners filed an application under Order I, Rule 10(2), C.P.C. for impleading of Chairman WAPDA and the Government of G.B through Chief Secretary G.B. Gilgit in the array of respondents in the learned trial Court/District Court Diamer, which was dismissed by the learned Land Acquisition Judge Diamer. Feeling aggrieved the present petitioners had filed a revision petition in this Court against the order of the learned Land Acquisition Judge Diamer and a Division Bench of this Court had allowed the aforesaid revision petition and petitioners were allowed to implead Government of Pakistan through Chief Secretary G.B and Chairman WAPDA as respondents in the reference petition. Thereafter, the present petitioners filed an application under Order I, Rule 10(4), C.P.C. in the Court of District Judge/Land Acquisition Judge Diamer for filing of amended reference petition and the learned District Judge/Land Acquisition Judge after hearing arguments on behalf of both the parties has dismissed the above mentioned application filed by the present petitioners,…

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