Case Details

Citation(s)
2017 SLG 235 2017 SLD 235 2017 PLJ 90
Lahore High Court
W.P. No. 5195 of 2014, heard on 9.11.2016, heard on: 9.11.2016.
MIRZA VIQAS RAUF, JUSTICE
Mr. Tariq Masood, Advocate for Petitioner. Mr. M. Saleem Akhtar, Advocate for
Respondents No. 3 to 7.

DEFENCE HOUSING AUTHORITY, LAHORE THROUGH ITS SECRETARY

VS

ADDITIONAL DISTRICT JUDGE, LAHORE AND 6 others

Law:

Section:

Civil Procedure Code, 1908 (V of 1908)---- --------O.VI, R. 17----Amendment in written statement----Rejecting application for amendment was not tenable----Proposed amendments were necessary----Pleading----Legality and propriety of orders----Any of party to lis can seek amendment of pleadings at any stage of proceedings if such amendments are necessary for purpose of determining real question in controversy between parties----Law is very liberal in that context and Courts always show leniency, while dealing with applications for amendments in pleadings----Proposed amendments can only be refused in rare and exceptional circumstances when it is established that same have been introduced in order to change complexion of suit or to introduce an entirely different case----While dealing with revision petition filed by petitioner had completely failed to advert to issue involved in matter----Case was remanded. PLD 1985 SC 345 ref. THIS JUDGMENT DELIVERED BY: MIRZA VIQAS RAUF, JUSTICE:---.--- Through instant petition, the petitioner assails the vires of order dated 30th of January, 2014, whereby the learned Additional District Judge, Lahore, while dismissing review petition filed by the petitioner affirmed the order dated 20th of September, 2013. 2. The facts in precision necessary for adjudication of instant petition are that Respondents No. 3 to 7 instituted a suit for permanent injunction against erstwhile Lahore Cantt. Co-operative Housing Society, Lahore, which is succeeded by the petitioner i.e. Defence Housing Authority, Lahore.During the pendency of suit an application was filed by the petitioner under Order VI Rule 17 of The Code of Civil Procedure (V of 1908) seeking amendment in the written statement. The application was resisted by the respondent which was ultimately dismissed vide order dated 15th of July, 2013. The petitioner, feeling dissatisfied from the said order filed a revision petition before the learned Additional District Judge, Lahore which was also dismissed vide order dated 20th of September, 2013. The petitioner then preferred a review petition for recall of said order but same was also dismissed vide order dated 30th of January, 2014, hence…
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