Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VI, R.17---Pleadings---Amendment in pleadings---Allowing amendment to a plaint in a suit---Exercise of discretion by the courts under O.VI, R.17, C.P.C.---Principles and scope---Under O.VI, R.17, C.P.C. a court enjoyed vast discretionary powers to allow amendments in a plaint at any stage of the proceedings if the court was of the opinion that the same were just and necessary for final disposal of a case---Court, however, was bound to exercise such discretion in accordance with settled judicial principles, and while allowing a request for amendment in plaint, no prejudice could be caused to the other side, and it had to be seen whether an amendment was necessary for accurate determination of the dispute between the parties and while allowing an amendment in the plaint, the defendants' right should also be kept in view and no amendment should be allowed, which aimed to change the complexion of the case altogether or introduce a new case based on a new cause of action---Amendment in plaint could be allowed to seek consequential relief arising from cause of action originally incorporated in plaint or to add additional relief available to a plaintiff even before the higher courts of jurisdiction, including the High Courts and the Supreme Court and furthermore, the same could also be allowed so as to base a plaint on a different title---Rights accrued in favour of one party could not be allowed to be snatched away by allowing amendment in a causal manner, and an amendment to a plaint cannot be allowed if it was not moved in good faith, likely to result in injustice or if the period of limitation had run since the accrual of the actual cause of action. Messrs Mustafa Impex, Karachi and others v. The Government of Pakistan through Secretary Finance, Islamabad and others PLD 2016 SC 808; Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Pakistan Molasses v. The Collector of Customs and others PLD 1989 SC 340; Haji Abdullah Khan and others v. Nisar Muhammad Khan and others PLD 1965 SC 690; Gatron (Industries) Limited v. Government of Pakistan and others 1999 SCMR 1072; Sakhi Muhammad and another v. Fateh…

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